Trafficking illegals from P’pines: Duo granted bail
Published on: Tuesday, February 11, 2020
By: Jo Ann Mool
KOTA KINABALU: Two men including an auxiliary police, charged with trafficking illegal immigrants from the Philippines, were granted bail by the High Court on Monday.
Judicial Commissioner Leonard David Shim made the order on auxiliary police sergeant Jasnih Ot Ali @ Mohd Alli and Badri Jalal after reading the submissions filed by both parties regarding bail and hearing the counsel for the prosecution and defence.
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The court released both accused on a bail of RM18,000 with two sureties each with conditions that they must report to the nearest police station twice a week, no tampering with the prosecution’s witnesses and their passports to be impounded.
The court also ordered a temporary restraining order in respect of Jasnih for a period of one month until March 10, subject to extension by the court and that he shall not visit one of his wives.
Jasnih was also ordered that there would not be any communication through telephone to the said prosecution witness except for arrangement to visit their children, in which the accused is free to visit.
Jasnih, 54, who is attached to the KKIA, allegedly trafficked two Filipinos, one of them a woman, aged 20 and 55, at 5.15pm between February 2017 and Oct 24, 2018, at the Kota Kinabalu International Airport (KKIA).
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Badri, 62, is accused of trafficking three Filipinas, aged 20 and 45, at 7.40pm between Sept 13, 2017 and Oct 28, 2018.
They had, on Feb 25 this year, claimed trial to the charge under Section 26A of the Anti-Trafficking-In Persons and Smuggling of the Migrants Act 2007 which carries a jail term of up to 15 years, or with a fine, or both, on conviction.
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Meanwhile, the court fixed Feb 13 for clarification and/or ruling concerning the Section 84 of the Courts of Judicature Act 1964 application for both cases.
Counsel Hamid Ismail, representing both accused, applied a question of law to be referred to the Federal Court pursuant Section 84 of the Courts of Judicature Act 1964.
He submitted that the question is whether Sections 18A, 18B and 21 of the Security Offences (Special Measures) Act 2012 (Sosma) are ultra vires Articles 15(1) and 8(1) of the Federal Constitution.
Hamid submitted that because Article 149 of the Federal Constitution is limited in its purposes, therefore, it is only meant to create security offences as stated in the Sosma Act.
However, it does not allow creation of provision that affect the fair trial against the accused, submitted Hamid, adding that, Section 18A, 18B and 21 reduces the burden of the prosecution to prove their beyond reasonable doubt.
Hamid further submitted that the trial court must decide the issue of admissibly based on Evidence Act 1950.
If Section 18A, 18B and 21 are use in the trial, there would be no fair trial because everything is admissible, submitted Hamid, adding that it is a very important question of law.
Deputy Public Prosecutor (DPP) Mohd Khairuddin Idris suggested that parties to file a written submission by submitting that it is obviously an issue of constitution in which the court has to deal in accordance of the provision under Section 84.
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