Filipino jailed, fined for migrant smuggling

KOTA KINABALU: The High Court here yesterday, which jailed and fined a Filipino wooden pumpboat skipper, said his action to smuggle illegal immigrants from his country to Sabah, was a bitter pill to swallow for Sabahans.

Justice Datuk Nurchaya Hj Arshad, who jailed Raisaltan Ajis for five years and fined him RM10,000, in default, six months’ jail, held in her decision that because of the rampancy of the offence, Sabahans feel unsafe and lost their job opportunities.

The judge reminded the accused not to do this activity as the accused is considered to live a good life in Sabah and not to put a burden on the government.

Apart from that, the judge also explained that even though the accused was only 26 years old and illiterate, he should be aware that this agenda would make Sabahans feel sad.

She said instead of saying ‘thank you’, the accused had committed an offence by smuggling the migrants who were undocumented and not through the legal process, in which the government would not compromise.

Raisaltan, who earned a living as a fisherman, was arrested for committing the offence inside the boat at a beach at Kampung Terongkongan Kudat, at 11pm on April 6.

He had earlier pleaded guilty to the charge under Section 26J of the Anti-Trafficking in Persons and Smuggling of Migrants Act 2007, and yesterday was fixed for his sentencing.

The indictment carries a jail term of up to five years and shall also be liable to a maximum fine of RM250,000 or both, upon conviction.

Deputy public prosecutor Mohd Khairuddin Hj Idris told the court that a police corporal saw a pumpboat reaching the beach and the police personnel then gave a signal asking the boat to stop.

Khairuddin said the policemen introduced themselves and asked the accused to produce his identification document but he failed to do so as he did not have any travel document.

A further check was conducted and the police found that there were five migrants comprising two adults, one teenager, one toddler and one infant, all believed to be Philippine nationals without any proper documentations and with their things inside the boat.

In pleading for a lenient sentence, the accused, who was represented by counsel Mohamed Nazim Maduarin, submitted that his client was uneducated and he was only helping his friends and relatives to enter Sabah.

In reply, Khairuddin rebutted that the punishment imposed by the court must reflect the seriousness of the offence, to send a signal to the public at large, that the smuggling of migrants would not be compromised when it involved national security.

Khairuddin also pressed for a deterrent sentence as the offence committed by the accused could not be sufficiently dealt with merely by a fine, and public interest must be considered by the court in imposing the sentence.

The court ordered the accused to serve his jail sentence from the date of his arrest on April 6.