KOTA KINABALU: A police inspector told the High Court here yesterday that his teams were attacked by the Sulu militants while they were on their way to assist their friends who were carrying out Ops Daulat in the vicinity of Kampung Tanduo.
Commando Sahar Omar, who was testifying before Justice Stephen Chung, said they were heading to another area of responsibility to help other VAT 69 commandos, but when they stopped at a house near that area, the gunmen fired shots at them.
“I took a decision to retreat and ordered my men to stay put as the shots fired at us were too many and it was difficult for us to move forward as the terrain was bad,” said the seventh prosecution witness while testifying under examination-in-chief by deputy public prosecutor Abdul Wahab Mohamed.
He said he was a troop leader for three patrols, while another two patrols were led by Inspector Fazrul. All five patrols formed one group called ‘Alpha’ whose team leader was DSP Hakemal Hawari, and they were assigned to one of the responsible areas called ‘Sector A’.
“Hakemal instructed us to give assistance to the other areas of responsibility, to move in a standard line and separated in small groups towards where the shootouts were heard,” he further recalled.
Sahar explained that they took cover and his teams exchanged fire with the gunmen.
To a question by Abdul Wahab, he said the gunfight took about ten minutes and there was no assistance coming at that time as their friends were too far from them.
“After the gunfight, our team leader asked us to regroup and to stay there until further instruction,” he said during the terrorism trial of the 29 accused persons including the nephew of the Sulu Sultanate III Datu Jamalul Kiram, for terrorist acts 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 face life imprisonment and fine upon conviction.
The hearing was held at a hall which doubled as an open court at Kepayan prisons here under tight security checks. The prisons compound was guarded by prison personnel called ‘Trup Tindakan Cepat’ (TTC).
To another question by Abdul Wahab, Sahar said on March 6, 2013, they received instruction to do a ‘Cut Off’ operation at Tanjung Batu, to prevent enemies from escaping from the area.
Six patrols were involved in the operation where four patrols were taken from Sector A, and the other two patrols from another sector.
He recalled that while carrying out the operation, three gunmen wearing camouflage trousers and were armed, were walking towards them.
“I instructed my men to take up positions as the enemies were approaching us at a distance of 30 meters, and we fired shots at them,” he said.
He said the three gunmen fell but Sahar and his men did not check on them as the situation was still not safe.
Meanwhile, on Tuesday, a senior police officer testified that the Malaysian VAT 69 commandos had first fired shots at five individuals at Tanjung Batu in Lahad Datu, killing two of them.
DSP Anwar Rosli said he ordered his men, who were carrying out their mopping up operation at Tanjung Batu, to fire shots at five individuals who were seen about 30 meters from them.
He said this in response to a suggestion by counsel Sivananthan.
When cross examined by Sivananthan, the sixth prosecution witness said they fired shots first, not because they did not follow instructions given by their superior.
“That order 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 said he was with his 24 men divided into four patrols in conducting an operation to flush out the gunmen at Tanjung Batu, when they spotted five persons wearing civilian clothing.
To another suggestion by Sivananthan, Anwar testified that there were no weapons found on the two persons 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 at their area of responsibility at Kampung Tanduo.
He further could 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.
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 of Chambers Tan Sri Abdul Gani Patail led the prosecution and assisted by deputy public prosecutors Abdul Wahab, 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. Other counsels involved were Kamarudin Mohd Chinki, Ram Singh, YS Lo, Rowiena Rasad and Abdul Ghani Zelika.
On Tuesday, the terrorism trial heard 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 the High Court 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.
The trial continues today.