KOTA KINABALU May 19, 2012: The Court of Appeal here yesterday granted leave to Datu Mohd Akjan Datu Ali Muhammad to appeal against the High Court order of refusal to return all his belongings which were seized by police in connection with his alleged installation as ultan of Sulu?last year.
Justices Datuk Ramly Hj Ali, Dato?Azhar @ Izhar Hj Mah and Dato?Abdul Aziz Abdul Rahim unanimously allowed Akjan’s application made through his counsel P.J Perira.
In his notice of motion, the appellant questioned whether it was mandatory for police officers to report immediately property taken under Section 20 to the magistrate, or property alleged or suspected to have been stolen or found under circumstances which created suspicion of the commission of any offence as stated under Section 413 of the Criminal Procedure Code.
If the list of seizure of articles or items by the police was made under Section 68 of the Sabah Criminal Procedure Code No 4 of 1959 which was repealed after Criminal Procedure Code Act 593 was extended to Sabah via Criminal Procedure Code (Amendment and Extension) 1976 on Jan 10, 1976, whether such seizure and the list issued by the police were valid, lawful and unlawful, he asked.
Akjan was applying motion for the court to review the High Court decision on March 20 this year for setting aside the order of the Magistrate Court here of allowing the appellant to have back all his properties.
On Dec 27, 2011, magistrate Noor Hafizah Mohd Salim had dismissed the OCPD application for a stay of execution of an order to return the items to Akjan pending a criminal revision at the High Court.
This followed the decision of magistrate Nuruhuda Mohd Yusof on Dec 7, 2011 to grant Akjan application for all the belongings, among others, a coronation suit and several documents to be returned to him.
On May 22, Akjan was released unconditionally from Karamunsing police station after a seven-day remand.
The remand order was issued for the police to investigate Akjan case under Section 130C of the Penal Code for allegedly committing terrorism act, an offence which carries a jail term of between seven and 30 years and a fine.
Akjan was detained following claims that he had himself installed as the 33rd reigning Sultan of the Sulu in a private ceremony in Kg Likas.?
It was said that the ceremony, which was widely reported in the media on Feb 2, 2011, was witnessed by a group of 60 people including senior officials of the Sulu sultanate from Sulu Province in southern Philippines.
Following the installation, Akjan was said to be holding the title of Paduka Maulana Al-Sultan Sharif Ali Muhammad Pulalun or Sultan Hashim Shariful-II.
The alleged unilateral proclamation by Akjan as the reigning sultan had sparked storms of protests from various organizations.