Yazid and Hilmi claim trial for involvement in terrorist activities

(The Star) – Former Internal Security Act (ISA) detainee Yazid Sufaat and cafetaria worker Muhammad Hilmi Hasim claimed trial in a High Court here for involvement in terrorist activities.

The duo’s case was mentioned in the High Court Monday before Justice Kamardin Hashim after it was transferred from Ampang Magistrate’s Court on June 7.

Justice Kamardin later granted counsel New Sin Yew who acted for Yazid and Muhammad Hilmi, application for a stay pending appeal for the first charge at the Federal Court.

New said they had filed notice of appeal on June 21 and the court had yet to fix the hearing date.

The court later set Sept 17 for mention.

On May 27, Yazid, 49, and Muhammad Hilmi, 33, were charged in Ampang Magistrate’s Court here with being members of a terrorist group Tanzim Al-Qaeda Malaysia.

The alleged offences, under Section 130K(a) of the Penal Code which provides for life imprisonment and a fine on conviction, occurred at a house in Taman Bukit Ampang on Aug 1, 2012 and Feb 7, 2013.

No plea was recorded and no bail was offered, as it was a non-bailable offence.

On May 20, Justice Kamardin acquitted and discharged both of them as there was a merit in the submission by the applicants in relation to the charge and usage of the act (Sosma) that was enacted under Article 149 of the federal Constitution

He said the charge was related to terrorism that occurred in Syria and, therefore, it was not under the scope of Article 149.

On June 18, the Court of Appeal ordered the terrorism case of Yazid and Muhammad Hilmi to be heard before a new High Court judge.

The panel led by Justice Abu Samah Nordin allowed the prosecution’s appeal against the Kuala Lumpur High Court’s decision to acquit and discharge Yazid and Muhammad Hilmi of charges of promoting acts of terrorism in strife-torn Syria.

Justice Abu Samah ruled that the learned judge had erred in his interpretation of the charges and it did not refer to acts of terrorism outside the country.

The panel, which also included Justices Mohd Zawawi Salleh and Azhar Mohamed, remitted the case back to the Kuala Lumpur High Court and fixed Monday for next mention.

The court of appeal also set Aug 5 for the case mention of religious teacher Halimah Hussein, charged with abetting Yazid in the same case.