Man acquitted of harbouring illegals

KOTA KINABALU: A local man was discharged and acquitted by the Sessions Court here yesterday of a charge of harbouring two illegal immigrants in his car in Sipitang.

Judge Azreeena Aziz made the decision on Bernabas Upai, 50, after she ruled that the prosecution had failed to prove the case beyond reasonable doubt and acquitted him from the charge.

Bernabas, who opted for sworn testimony, was alleged to have harboured the two Filipinos, aged 20 and 40, in his car at the Immigration Control Post in Sindumin, Sipitang on September 20, 2016.

He was charged under Section 56 (1)(d) of the Immigration Act 1959/63 and punishable under Section 56 (1)(bb) of the same Act which carries a fine of not less than RM10,000 and not more than RM50,000 for each person harboured.

Prosecuting officer from the Immigration Department, Juachim Abel Majain acted for the prosecution while counsel Henry Gudid represented Bernabas.

Meanwhile, a Filipino was sentenced to 12 months’ jail by the Sessions Court here for entering the state illegally.

Judge Rosliah Abdul Ramlan imposed the custodial sentence on Mohd Isaak Salleh, 33, after finding the latter guilty of the charge under Section 6 (1)(c) of the Immigration Act 1959/63.

The indictment provides for a maximum fine of RM10,000 or a jail term of up to five years, or both, while also liable to whipping, upon conviction.

Mohd Isaak, who has a Chief Minister’s Department letter, was caught by Immigration personnel for not having valid travel documentation at Rumah Kongsi in Kampung Kauran, Keningau on January 14.

He pleaded not guilty to the offence during his arraignment on February 28 and had undergone a full trial which began on April 5.

The prosecution had called three witnesses to testify against Mohd Isaak while Mohd Isaak was the sole defence witness.

The court also ordered Mohd Isaak to serve his jail sentence starting from the date of his arrest.