Conviction of Indonesian for illegal entry set aside

KOTA KINABALU: The High Court here yesterday set aside the conviction and sentence of an Indonesian fisherman whose passport is still valid but had pleaded guilty to a charge of entering the state illegally, last year.

Justice Datuk Nurchaya Hj Arshad allowed a criminal revision filed by Baharuddin, 26, through his counsel Amli Nohin, who appealed to have his jail and whipping sentences imposed by the lower court be quashed.

In the revision, Amli submitted that he was just appointed after Baharuddin had pleaded guilty to the said charge, but Baharuddin’s employer, who was present in court, confirmed that Baharuddin had a valid passport and it was kept by the boss when Baharuddin was arrested.

In reply, deputy public prosecutor Nartiah F. Mirchelle Sambatan said they only knew that Baharuddin had a valid passport after he had pleaded guilty to the charge.

Nartiah further said a check with the Immigration Department showed that there was no record of Baharuddin’s entry to Sabah.

On December 3, 2018, the Sessions Court here jailed Baharuddin for four months and ordered him to be given one stroke of the cane after he admitted to entering the state without any valid travel document.

The offence, under Section 6 (1) (c) of the Immigration Act 1959/63, carries a maximum fine of RM10,000 or a jail term of up to five years or both and whipping, upon conviction.

Baharuddin was arrested at a shop at Kampung Air on November 16, 2018. Then on December 19, 2018, Baharuddin’s application for a stay of execution was allowed by the Sessions Court here and he was released on bail of RM10,000 with his boss as his surety, pending his appeal to the High Court here.

On that day, Amli informed the court that his client had a passport which was still valid until next year and tendered the document to the court.

Amli also obtained verification of the passport and Baharuddin’s working pass as a fisherman from the Immigration Department.