[Timbalan (TPR), Jabatan Peguam Negara] MAHADI BIN MAMAT

[Timbalan (TPR), Jabatan Peguam Negara] MAHADI BIN MAMAT

Statements recorded under SOSMA s.18A were admissible; forensic and testimonial evidence established ownership of the device/WhatsApp account and identity 'Abu Eldi'; the content of messages together with recovered functioning weapons and explosive devices and expert reports proved knowledge, intent and preparation...

Source-derived case information.

Citation
WA-45SO-10-09/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Mahadi bin Mamat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 September 2024
Case Number
WA-45SO-10-09/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal (security Offences Under SOSMA and Penal Code) / Trial Judgment and Sentencing (conviction After Trial)
Outcome
Accused convicted on all eight counts; sentenced to concurrent imprisonment terms as specified
Legal Topics
SOSMA Admissibility (s.18 A), Prima Facie Standard, Confession and Recorded Statements, Insanity/fitness to Plead (s.84 Penal Code), Possession of Weapons, Recruitment to Terrorist Group, Digital Forensic Ownership of Device, Strict Liability for Terrorist‑linked Items
Criminal Law National Security Law Evidence Law Terrorism/counter‑terrorism Law Forensic Science/digital Evidence SOSMA Admissibility (s.18 A) Prima Facie Standard Confession and Recorded Statements +5 more

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Parties

Pendakwa Raya

Prosecution

Mahadi bin Mamat

Defendant

Procedural Posture

Criminal (security Offences Under SOSMA and Penal Code) / Trial Judgment and Sentencing (conviction After Trial)

Legal Issues

  1. 1 Whether prosecution evidence established prima facie and beyond reasonable doubt each ingredient of eight terrorism‑related offences
  2. 2 Admissibility of accused's recorded statements under s.18A SOSMA vis‑à‑vis CPC/Evidence Act safeguards
  3. 3 Whether the accused owned and controlled the phone/WhatsApp account and acted as 'Abu Eldi'

Ratio Decidendi

Statements recorded under SOSMA s.18A were admissible; forensic and testimonial evidence established ownership of the device/WhatsApp account and identity 'Abu Eldi'; the content of messages together with recovered functioning weapons and explosive devices and expert reports proved knowledge, intent and preparation for terrorist acts; psychiatric evidence did not establish legal insanity or lack of capacity to know the nature/wrongness of acts; therefore prosecution proved all elements beyond reasonable doubt and accused convicted on all counts.

Court Disposition

Accused convicted on all eight counts; sentenced to concurrent imprisonment terms as specified

Orders

  • Count 1 (s.130J(1)(b) Penal Code) – 10 years' imprisonment from 5 May 2019
  • Count 2 (s.130J(1)(b) Penal Code) – 10 years' imprisonment from 5 May 2019