KUALA LUMPUR, April 14 — The prosecution is attempting to paint two terror suspects on trial here in a bad light by using a three-year-old news report as evidence, the latter’s lead defence lawyer Amer Hamzah Arshad told the court today.
Today was the second day of trial of the first two individuals detained under the Security Offences (Special Measures) Act 2012 (Sosma) — Yazid Sufaat and Muhammad Hilmi Hasim.
Amer Hamzah objected today to the prosecution’s bid to ask local newspaper The Star’s journalist Tarshini Sukumaran to testify as its sixth witness, questioning the relevance of this evidence to the charges against Yazid and Muhammad Hilmi.
“Unless she can give evidence pertaining to the charges, then I don’t see the relevance,” he said.
Prosecutor Nurdeenie Abdul Rashid replied, however, that the objection was “premature”, maintaining that the journalist’s testimony would be relevant.
The judge then allowed Tarshini to proceed with her testimony and the journalist confirmed that she had written a news report in The Star titled “Ex-militant: We send new recruits straight to the frontlines” on October 29, 2012.
She confirmed conducting a phone interview with former Internal Security Act (ISA) detainee Yazid after receiving instructions from her editor.
Throughout her testimony, Amer Hamzah repeatedly raised strong objections, arguing: “I don’t see how this evidence can give any benefit save by casting bad aspersion on the accused. It’s highly prejudicial.
“Look at the article in question, the heading itself is highly prejudicial... It is clear this article clearly shows they are trying to show (the) accused in bad light. Evidence of bad character cannot be allowed,” he insisted, claiming at one point that allowing evidence that “taints” the accused’s character could lead to a “mistrial”.
Both sides finally agreed to submit further arguments on whether Tarshini’s testimony and news report should be admitted as evidence, with High Court judge Datuk Mohd Azman Husin expected to decide on allowing the journalist to continue testifying on her interview with Yazid when trial resumes on May 5.
Former army captain Yazid is accused of knowingly encouraging terrorist acts with the intention to promote an ideological purpose that is intended to threaten the public in Syria, while his cafeteria assistant Muhammad Hilmi was charged with abetting him in doing so.
They were charged under Section 130G(a) of the Penal Code, which covers the offence of inciting and promoting the commission of a terrorist act and carries a maximum 30-year jail term and fine.
Yazid and Hilmi were also charged under Section 130KA of the Penal Code with being members of a terrorist group — Tanzim al-Qaeda Malaysia — with those convicted of this offence liable to a maximum life imprisonment and a fine.
The first offence was allegedly carried out between August 1 and October 20, 2012, while the second offence was allegedly committed between August 1 and February 7, 2013.
