KOTA KINABALU: The final venue for the joint trial of 29 people who have been charged with various security offences in connection with the Lahad Datu intrusion in February has not yet been decided, according to Federal Attorney-General Tan Sri Abdul Gani Patail.
When met after the indictment of the 28 men and one woman at the High Court here yesterday, Abdul Gani was of the view that holding the trial here would cause a lot of inconveniences and hence, the location will be decided within a month after taking various factors into consideration, including security.
“It would cause inconvenience to the public if we hold it here. With 29 accused, we would also need a lot of policemen, about 100 if we follow the rules.
“We are now discussing suitable locations where security is assured and where the open court concept can be adhered to,” he explained.
The 29 accused persons were produced separately in Lahad Datu and Tawau before all of them were transferred to Kota Kinabalu. The police had to impose tight security measures when they were being taken to court yesterday.
During the proceedings before High Court judge Ravinthran Paramaguru earlier yesterday, Abdul Gani told the court that the Tawau High Court, which has a better air-conditioning system, is a more convenient venue to conduct the trial.
He also requested for at least one month’s time to ensure that the Tawau High Court is equipped with all the proper facilities.
The 29 accused, some of whom were wearing straitjackets, were closely escorted by armed police personnel and transported to the court complex here in three police trucks from the central prison in Kepayan.
Tight security measures were also imposed within the court house compound in view of the high profile nature of this case.
All the 29 accused pleaded not guilty to the charges that include waging war against the Yang di-Pertuan Agong and being a member, sheltering or recruiting individuals to become members of a terrorist group. The plea could not be recorded for one more accused who was undergoing treatment at the Tawau hospital.
Ravinthran ordered a joint trial for all the accused persons, who were represented by a team of eight counsels following an application by Abdul Gani.
“In essence, this provision states that one or more persons can be charged and tried jointly if they are charged for the same offence or different offences under one transaction.
“The keyword here is ‘one transaction’,” Abdul Gani said in his submission.
Of the 29 whose pleas were recorded, 21 face two charges under Sections 121 and 131KA of the Penal Code for waging war against the Yang di-Pertuan Agong and being a member of a terrorist group which provide for the death penalty and life imprisonment, respectively.
Three individuals, including a woman, had been charged under Section 130K of the Penal Code for harbouring terrorists which provides for life imprisonment.
Another four individuals were charged solely under Section 130KA of the Penal Code while one more accused faces all three charges and a fourth under Section 130E of the Penal Code for recruiting individuals to become members of a terror group.
Ravinthran later fixed July 12 to record the plea of the last accused – Habil Suhaili – in Tawau where he was undergoing treatment at the hospital there and also fixed July 15 for case management here.