JUDGMENT

Ravinthran Paramaguru J:

Introduction

[1] The accused is a Corporal attached to the Special Branch of the Royal Malaysian Police Force. He was based in Lahad Datu. The charge against him is that he omitted to disclose information pertaining to a terrorist act. The trial against the accused proceeded under the Security Offences (Special Measures) Act 2012 Act 747 (the SOSMA). Briefly stated, the case for the prosecution was that the accused possessed information pertaining to the armed intrusion by a group of foreigners from the Philippines into Kampung Tanduo which is located in Sabah's Lahad Datu District in February of 2013. The accused is alleged to have been in possession of this information as early as January of 2013. He is also alleged to have possessed information about plans by foreign intruders to send reinforcements to Kampung Tanduo. However, he withheld all these crucial information from his superiors. The superior officers of the accused testified that the accused was legally bound to give them the said information and that he omitted to do so. They also testified that a group of armed intruders landed in Kampung Tanduo on 12 February 2013 and in the ensu