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The Federal Court has upheld the death sentence on seven Filipinos for waging war against the Yang di-Pertuan Agong during the Lahad Datu incursion 11 years ago.

The decision was handed down on Wednesday (Oct 2) by a three-judge panel, led by Chief Justice Tun Tengku Maimun Tuan Mat, which unanimously dismissed the review applications submitted by the seven men.

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Transcript
00:00The federal court has upheld the death sentence on seven Filipinos for waging war against
00:07the young Dipertuan Agong during the Lahad Datu incursion 11 years ago.
00:12The decision was handed down on Wednesday by a three-judge panel led by Chief Justice
00:17Tun Tengku Maimuntuamat, which unanimously dismissed the review application submitted
00:22by the seven men.
00:24The application for a review of the death sentence was filed by Datu Amirbahar Hushinkiram,
00:29nephew of Jamalul Kiram, the self-proclaimed sultan of Sulu, along with Atik Hussin Abu
00:35Bakr, Basad H. Manuel, Virgilio Nemar Patulada, Al-Wazir Osman, Tani Lahad Dahi, and Julham
00:43Rashid.
00:44They sought to have the death sentences commuted to imprisonment following the Mandatory Death
00:48Penalty Abolition Act 2023, which took effect on July 4 last year.
00:55On July 2016, the Kota Kinabalu High Court sentenced the seven men to life imprisonment
01:01after finding them guilty under Section 121 of the Penal Code for waging war against the
01:07young Dipertuan Agong.
01:09However, in June 2017, the Court of Appeal imposed the death penalty after allowing the
01:15prosecution's appeal.
01:17Subsequently, the federal court also upheld the death penalty in January 2018.
01:23Two other Filipino men, Ismail Yassin and Salib Ahmad Imali, who had also been sentenced
01:29to death for the same offence, died while serving their prison terms.
01:33Earlier, Defense Counsel Mervyn alias Hassan Saini pleaded for the court to reinstate the
01:39life sentences handed down by the Kota Kinabalu High Court, arguing that there was no evidence
01:45linking his clients directly to the incursion.
01:48In response, Datuk Muhammad Dusuki Mokhtar, head of the Appeals and Trial Division at
01:54the Attorney General's Chambers, urged the court to maintain the death sentences, saying
01:58that the case involved national sovereignty.
02:01He said the case was a serious crime and a deterrent punishment must be imposed to prevent
02:06similar offences from recurring.
02:09The 2013 armed incursion, which occurred in Kampung Tanduo, Lahad Datu between February
02:1512 and April 10, led to the deaths of nine Malaysian security personnel during clashes
02:21with the group.

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