2-10-2024 (KUALA LUMPUR) 7 Filipino men convicted for their roles in the 2013 Lahad Datu incursion are set to appear before Malaysia’s Federal Court today, seeking a review of their death sentences. This case, rooted in a complex historical dispute, has far-reaching implications for both regional security and the Malaysian judicial system.
The applicants, led by 60-year-old Datu Amirbahar Hushin Kiram, nephew of the self-proclaimed Sultan of Sulu, Jamalul Kiram, are invoking the recently enacted Mandatory Death Penalty Abolition Act 2023 in their bid for clemency. Their cohorts in this legal challenge include Atik Hussin Abu Bakar, 52; Basad H. Manuel, 49; Virgilio Nemar Patulada, 59; Al Wazir Osman, 68; Tani Lahad Dahi, 70; and Julham Rashid, 75.
The group’s legal strategy hinges on the new legislation, which came into effect on 4 July 2023, granting judges the discretion to choose between the death penalty and a prison term ranging from 30 to 40 years. This landmark act also stipulates that male offenders under 50 years of age must face a minimum of 12 strokes of the cane if spared the death penalty.
The case’s journey through Malaysia’s legal system has been marked by dramatic turns. Initially, on 26 July 2016, the Kota Kinabalu High Court sentenced the seven men to life imprisonment, finding them guilty under Section 121 of the Penal Code for waging war against the Yang di-Pertuan Agong, Malaysia’s supreme head of state. The High Court’s ruling noted the absence of evidence directly linking the accused to the violent skirmishes or to the killing or injury of security personnel during the incursion.
However, the legal tide turned against the accused on 8 June 2017, when the Court of Appeal, responding to the prosecution’s appeal, imposed the death penalty. This decision was subsequently upheld by the Federal Court on 15 January 2018, solidifying their fate until this latest appeal.
The Lahad Datu incursion, a stark reminder of the region’s complex geopolitical tensions, unfolded between 12 February and 10 April 2013 in Kampung Tanduo, Sabah. The armed conflict resulted in the tragic loss of nine Malaysian security force members, highlighting the severe nature of the insurgency.
