KUALA LUMPUR: The High Court here has ordered a former leader of the IS "wolf pack" cell to enter his defence on eight counts of terrorism-related offences including making threats to attack the Sri Maha Mariamman Temple in Seafield, Subang Jaya, four years ago.
Judge Datuk Noorin Badaruddin made the order Tuesday (Dec 12) after finding that the prosecution had succeeded in establishing a prima facie case against Mahadi Mamat, 38, at the end of its case.
"The court is also satisfied that there are no defects in the charges made against the accused. Therefore, the accused is ordered to defend himself,” said the judge, adding that there are three options for the accused.
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First, he chooses to remain silent; or second, testify from the dock; or third, testify under oath on the witness stand where he can be cross-examined.
The court set April 4 and 18, May 27 to 30 and June 24 for the defence trial with five witnesses to testify.
DPPs Datuk Nazran Mohd Sham, Nur Ainaa Ridzwan, Mohammad Fakhrurrazi Ahmad Salim and Low Qin Hui appeared for the prosecution, while lawyers Farida Mohammad and Khairul Naim Rafidi represented the accused.
A total of 24 prosecution witnesses testified at the trial which started on Dec 14, 2021 and went on until Nov 20 this year/
According to the first and second charges, Mahadi was alleged to have sought support for a terrorist act by making threats to attack the Sri Maha Mariamman Temple, Subang Jaya and threatened to kill four Malaysian citizens, via the "Sejati Sejiwa" WhatsApp group.
The charges were framed under Section 130J (1) (b) of the Penal Code, punishable with imprisonment for life or a term not exceeding 30 years, or with a fine, upon conviction. In addition, the party found guilty is also liable to forfeiture of any property used or intended to be used in connection with the commission of the offence.
On the third charge, Mahadi was alleged to have provided firearms training to members of the Sejati Sejiwa WhatsApp group to commit a terrorist act.
He was alleged to have committed the offence at the same location, time and date and was charged under Section 130F (a) of the Penal Code, which provides a maximum jail term of 30 years and a fine, if convicted.
For the fourth charge, he was alleged to have ordered the group members to commit a terrorist act and was charged under Section 130F (b) of the Penal Code (Act 574), which carries a maximum imprisonment of 30 years and a fine upon conviction.
For the fifth and sixth charges, Mahadi was alleged to have obtained six pipe bombs, a semi-automatic CZ 75 B pistol and 15 rounds of Luger 9mm ammunition to commit terrorist acts.
He was charged under Section 130JD (1) of the Penal Code, which carries a maximum jail term of seven years and a fine.
For the seventh charge, framed under Section 130E of the Penal Code, he was alleged to have recruited several individuals to join the Sejati Sejiwa WhatsApp group to commit terrorist acts.
He faces a maximum jail term of 30 years and is also liable to a fine upon conviction.
On the last charge, Mahadi was alleged to have in his possession items related to the terrorist group Daesh in a mobile phone and charged under Section 130JB (1) (a) of the Penal Code, which carries upon conviction a maximum jail term of seven years and a fine, and liability to forfeiture of any such item.
He was alleged to have committed all the offences at Kampung Teris, Hulu Terengganu between Jan 7 and May 5, 2019.
The charges were first read out to him on May 29, 2019, at the Kuala Terengganu Sessions Court before the case was transferred to the High Court here for trial. – Bernama
