Former Internal Security Act (ISA) detainee Yazid Sufaat and cafeteria worker, Muhammad Hilmi Hasim were each jailed the maximum seven years for withholding information on terrorism activities in 2012.

High Court Judge Mohd Azman Husin imposed the sentences on Yazid, 52, and Muhammad Hilmi, 36, after they pleaded guilty to alternative charges submitted by the prosecution.

The court ordered them to serve the sentences starting from the date of their arrests on Feb 7, 2013.

Mohd Azman in his judgment said the court took into account the importance, seriousness of the offence and cases involving national security when imposing the sentences.

"As such, the court allows the maximum seven years imprisonment on both the accused from the date of their arrests," he said.

Prior to this, Yazid faced two charges, namely, encouraging terrorism to further ideology with the aim of threatening the public in Syria and becoming a member of the Malaysia al-Qaeda Tanzim while Muhammad Hilmi was charged with abetting Yazid and also became a member of the group.

Both charges were submitted under Section 130G(a) of the Penal Code which provided a 30-year jail term and fine, and Section 130KA of the same code, which provided a life sentence and could be fined, if convicted.

Alternative charges

However, the prosecution offered alternative charges yesterday after the defence counsel submitted a representation to the Attorney-General's Chambers on Friday for the charges against both the accused be reviewed.

The trial on their cases had proceeded for 33 days from April 13, 2015 after the prosecution called 25 witnesses, but during the cross-examination of the 25th prosecution witness Muhamad Razin Sharhan Mustaffa Kamal, the defence counsel submitted the representation.

Accordingly, the prosecution withdrew both the charges.

According to the alternative charges, Yazid and Hilmi were charged with not giving information to the authorities over a terrorism act which is an offence under Section 130C of the Penal Code.

They were charged with committing the offence at DL11 Taman Bukit Ampang, Lorong Mutiara 2, Lembah Jaya, Ampang here between May and October 2012 under Section 130M of the Penal Code which provided a maximum seven-year jail or fine or both.

According to the facts of the case, two prosecution witnesses Razif Mohd Arif and Muhamad Razin knew Yazid in mid-2011 and since 2012, respectively.

Razif who knew Yazid in mid-2011, resulted in him knowing that Yazid had been to Afghanistan while Muhamad knew the former ISA detainee via Internet since 2012 and communicated via Facebook before he attended a religious class (usrah) conducted by Yazid.

Razif and Muhamad Razin got to know each other when attending the first usrah on July 7, 2012 and often discussed about the turbulence in Syria before they left for Istanbul, Turkey on Oct 3, 2012.

Jailed in Lebanon

Both went there with the aim of entering Syria to take up arms to oppose the government at that time, and when in Lebanon, they were detained by the authorities there and charged in that country's Military Court and jailed for four years.

Their actions were an offence under Section 130C of the Penal Code whereby Yazid and Hilmi, were bound under the law to furnish information on the offence to the police but had failed to do so.

Yazid, who was freed from ISA detention on Nov 28, 2008 was bound under the law to the Home Ministry to inform the local authorities and the ministry on any activity which could adversely affect national security.

Earlier, deputy public prosecutor Mohamad Hanafiah Zakaria urged for heavy sentences by taking into account public interest and on par with the offences as a deterrent to the two accused and society.

"Failure to furnish information to the authorities is a serious offence given that there is daily violence.

"Public interest will only be achieved if the court imposed heavy sentences so the two accused will not repeat the offences," he said.

Counsel Amer Hamzah Arshad, representing Yazid dan Hilmi, urged the court to reduce the sentences because both his clients were repentant, behaved well and always cooperated with the police.

"Yazid also has to support his wife, four children and ailing parents while Muhammad Hilmi has to support an adopted mother, aged 61 years," he said.

- Bernama