Illegal jailed, caned

A Filipino fisherman was jailed for four months jail and ordered to be given a stroke of the cane for entering Sabah illegally.

Sessions Court judge Noor Hafizah Mohd Salim imposed the sentence on Jabar Salleh, 30, after he pleaded guilty to the offence, yesterday.

He was apprehended on a boat without any registration number on the Sabah waters, 0.5 nautical miles south of Polompong Island at 7.35am on May 3.

Based on the facts of the case, he was found to be within the state without any valid travel documentation. The offence was framed under Section 6(1)(c) of the Immigration Act 1959 /63 [Act 155] punishable under Section 6(3) of the same Act, which carries a maximum fine of RM10,000 or a jail term of up to five years and also liable to whipping of not more than six strokes, upon conviction.

In mitigation, Jabar, who was not represented, prayed for leniency and informed the court that he had been in the state for three years.

He also said that he has three small children to support. Meanwhile, prosecuting officer from the Malaysian Maritime Enforcement Agency, Nasrul Mohamad Nor said the accused had other cases of possessing and abusing drugs, and thus urged for a deterrent sentence to be imposed on the accused.

He also requested the accused to be referred to the Immigration Department after serving his sentence. The court ordered for the jail sentence to take effect from the date of arrest on May 3 and referred the accused to the Immigration Department for processing of all cases including his biometrics data to be recorded before his deportation.