Police volunteer did not know man he identified was the only foreigner, court told

KOTA KINABALU: A Semporna police volunteer told the High Court here today he did not know that the man who was observing him in Semporna March 1 last year was the only foreigner among the 14 people in an identification parade.
Chief Sergeant Mohd Ghadafe Mohd Lipai said he identified the man, who is a Philippine national, in an identification parade held on March 23 last year.
To a question by counsel Datuk N. Sivananthan whether he knew that the man, identified as 20th accused Datu Amirbahar Hushin Kiram, arrested at about 1.30am on March 23 last year, Mohd Ghadafe said he did not.
However, Mohd Ghadafe said he was informed that Datu Amirbahar was initially investigated under the Firearms Act.
Sivananthan is the lead counsel appointed by the Philippine government to represent 27 of its citizens charged with various offences linked to the Lahad Datu intrusion, led by Datu Agbimuddin Kiram, in February last year.
Sivananthan: I put it to you that you were not asked to attend the identification parades of any of the other accused arrested earlier (before March 23, 2013) because the authorities needed someone to identify the 20th accused, who is also related to the Kiram family.
Mohd Ghadafe: I do not know.
Sivananthan: Are you aware that during the intrusion at Kampung Tanduo, Lahad Datu, the 20th accused was asked by authorities to assist them in negotiating with the intruders?
Mohd Ghadafe: I do not know.
Earlier, Mohd Ghadafe told the court that he was not able to contact the Semporna police headquarters to report on the man was observing him in Semporna town.
He said the man had also approached his car after he and his children got in after shopping at Kedai Umairah.
When questioned by Deputy Public Prosecutor Ishak Mohd Yusoff, the police volunteer said he was frightened at the sight of the man as was carrying a gun scabbard which he (witness) believed contained an M16 rifle.
There were two other men behind him, said Mohd Ghadafe.
Datu Amirbahar is charged with waging war against the Yang di-Pertuan Agong, an offence which carries the death sentence or life imprisonment, and for being a member of a terrorist group, an offence punishable with life imprisonment and a fine, upon conviction.
Thirty accused, comprising 27 Filipinos and three local residents, are being tried in the case, in which some are facing multiple charges of being members of a terrorist group or waging war against the Yang di-Pertuan Agong, recruiting members for a terrorist group or wilfully harbouring individuals they knew to be members of a terrorist group.
They allegedly committed the offences between Feb 12 and April 10 last year.
The hearing before Justice Stephen Chung at the Sabah Prisons Department continues tomorrow. – Bernama