Human trafficking: Referral applications rejected
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.