The Federal Court has dismissed the applications by seven Filipino men who sought a review of their death sentences for waging war against the Yang di-Pertuan Agong during the Lahad Datu incursion 11 years ago.

A three-member bench, led by Chief Justice Tengku Maimun Tuan Mat, unanimously rejected their applications today.

Applications dismissed. Death sentences maintained,

 said Tengku Maimun.

Also on the panel hearing the review were Justices Abang Iskandar Abang Hashim and Nordin Hassan.

The applications were filed by Datu Amirbahar Hushin Kiram, 60, the nephew of Jamalul Kiram, the self-proclaimed Sultan of Sulu, along with 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

They had sought to have their death sentences commuted to imprisonment following the Mandatory Death Penalty Abolition Act 2023, which allows judges the discretion to impose either the death penalty or prison sentence of not less than 30 years and up to 40 years.

On July 26, 2016, the Kota Kinabalu High Court sentenced the seven and two others – Ismail Yasin and Salib Akhmad Emali – to life imprisonment after finding them guilty under Section 121 of the Penal Code for waging war against the Yang di-Pertuan Agong.

During the trial, the court found that there was no evidence to show the accused were directly involved in any skirmishes during the incursion, nor was there proof that they had brutally killed or injured any security personnel.

However, on June 8, 2017, the Court of Appeal allowed the prosecution’s appeal and imposed the death penalty on all the accused.

The Federal Court upheld the death penalty on Jan 15, 2018.

It is understood that Ismail and Salib Akhmad did not apply for a review of their sentences.

Mervyn @ Hasan Sainy and Vianney Dodyh represented the seven applicants, while deputy public prosecutors Dusuki Mokhtar, Yusaini Amer Abdul Karim, and Tetralina Ahmed Fauzi appeared for the prosecution.

Earlier, Mervyn pleaded on his clients’ behalf for a lesser sentence, saying there was no direct evidence to show they were

actively

 or

directly

 involved in the incursion.

He also pointed out that Section 121 of the Penal Code provides for the death penalty or life imprisonment, adding that the latter punishment should apply to the circumstances of the present case.

Objecting to the application, Dusuki said the Lahad Datu incursion was a threat to the sovereignty of the country. The punishment meted out must reflect the seriousness of the crime, he said.

They were convicted for an act of aggression in a conspiracy against the spirit of the nation,

 he said.

In the armed incursion at Kampung Tanduo in Lahad Datu between Feb 12 and April 10, 2013, nine members of Malaysia’s security forces were killed in clashes with the group