KOTA KINABALU: The terrorism trial was told yesterday that the Malaysian VAT 69 commandos had first fired the shots at five individuals at Tanjung Batu in Lahad Datu where two people were killed.
DSP Anwar Rosli told High Court Justice Stephen Chung that he ordered his men who were carrying out their mopping up operation at Tanjung Batu to fire the shots at five individuals who were seen 30 meters away from them.
He said this in response to a suggestion by Datuk N. Sivananthan, who is defending the nephew of the Sulu Sultanate III, Datu Jamalul Kiram and the other accused persons who were alleged to have committed terrorism activities at several places in Lahad Datu, Semporna and Sandakan areas between February 12 and April 10, 2013.
If found guilty they face the mandatory death sentence while the rest provide for life imprisonment and a fine, upon conviction.
When further cross examined by Sivananthan, the sixth prosecution witness said they fired the shots first not because they did not follow the instructions given by their superior.
“That order of not to fire at the enemies until they fired shots at us was an order given at Kampung Tanduo, and not for this operation at Tanjung Batu,” he explained.
When suggested by Sivananthan: “I put it to you that the shooting of these two individuals was a mistake of you and your team who failed to take caution before firing any shot at the individuals?”
Anwar answered: “The individuals were armed.”
Anwar with his 24 men divided into four patrols conducted the operation of flushing out the gunmen at Tanjung Batu when they spotted the five persons who were wearing civilian clothing.
To another suggestion by Sivananthan, Anwar testified that there were no weapons found on the two persons who were killed at Tanjung Batu.
Anwar also said he could not recall whether he was in touch with his man Corporal Azman Ampung once the fire exchange started in their area of responsibility at Kampung Tanduo.
He also did not remember whether Azman had informed him about the presence of a man with a stick of wood with a white A4 size paper attached to it.
However, he agreed that information could have been reported to him as he was in charge of that team.
“Maybe Azman had given me a message via walkie talkie but at that time everything happened so fast and maybe it was a network problem,” he added.
Attorney-General Tan Sri Abdul Gani Patail led the prosecution, assisted by deputy public prosecutors Abdul Wahab Mohamed, Ishak Mad Yusoff, Mohd Dusuki Mokhtar, Cheng Heng Kher and Anati Kisahi while Sivananthan was assisted by James Tsai, Stella Simon, Zaleha Mohd Yusof Pan, Majnah Abdillah and Zakaria Ahmad. Counsel Kamarudin Mohd Chinki, Ram Singh and YS Lo represented Mohammad Ali, Rowiena Rasad for Pabblo and Abdul Ghani Zelika acted for Abd Hadi.
The trial continues today.