The Borneo Post (Sabah)

Human traffickin­g: Referral applicatio­ns rejected

- By Suraini Andokong

KOTA KINABALU: The High Court here yesterday rejected the referral applicatio­ns by two human traffickin­g accused regarding the constituti­onal questions on the admissibil­ity of evidence used by the prosecutio­n from sections provided under Security Offences (Special Measures) Act (SOSMA) 2012.

Judicial Commission­er Leonard David Shim held in his reserved ruling that the court is in a position to determine such constituti­onal issue as and when it arises.

Jasnih Ot Ali @ Mohd Ali, 54, and Badri Jalal, 62, made the applicatio­ns on February 10 through their counsel Hamid Ismail, seeking referral to the Federal Court on questions of law pursuant to Section 84 of the Courts Judicature Act 1964.

In their applicatio­ns, the duo questioned whether the admissibil­ity of statements by the accused persons, conversati­ons between spouses during marriage and evidence of identifica­tion through photograph­s under SOSMA 2012 were ultra vires their liberty and equality for fair trials.

Jasnih and Badri were separately charged under Section 26A of the Anti-Traffickin­g in Persons and Smuggling of Migrants (ATIPSOM) Act 2007, an offence that provides for a jail term of up to 15 years or a fine or both, upon conviction.

Jasnih, who worked as an airport enforcemen­t, was accused of traffickin­g a man and a woman aged 20 and 55 respective­ly, at the Kota Kinabalu Internatio­nal Airport here at 5.15pm between February 2017 and Oct 24, 2018.

Badri was alleged to have trafficked in three Philippine­s nationals aged between 20 and 45 at the same place at 7.40pm between Sept 13, 2017 and Oct 28, 2018.

After the court delivered its ruling, the court proceeded with Jasnih’s trial and the prosecutio­n had tendered its opening remarks at the commenceme­nt of Jasnih’s trial.

In the opening remarks, the prosecutio­n among others, will adduce evidence by presenting key witnesses to prove that Jasnih had allegedly smuggled the two migrants and apart from the witnesses, the prosecutio­n will also adduce oral as well as documentar­y evidence in order to prove that the victims were actually the smuggled migrants.

The court had released the two accused persons on RM18,000 with two local sureties each, pending disposal of their cases.

 ??  ?? Jasnih (third left) leaving the courtroom with his counsel Hamid (right) after his trial yesterday.
Jasnih (third left) leaving the courtroom with his counsel Hamid (right) after his trial yesterday.

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