Kota Kinabalu: A 57-year-old auxiliary police, who was charged with two counts of smuggling undocumented Filipinos migrants, was freed of the charges by the High Court on Friday.
Judicial Commissioner Leonard David Shim discharged and acquitted Jasnih Ot Ali @ Mohd Alli, who was attached to the Kota Kinabalu International Airport (KKIA), without calling for his defence.
In his ruling, Leonard held that after giving a maximum evaluation of all evidence adduced, the court find that the prosecution did not adduce credible evidence of smuggling of migrants under Section 26 of the Anti-Trafficking-In Persons and Smuggling of the Migrants (Atipsom) Act 2007, which if unrebutted or unexplained would warrant a conviction.
Prima facie case has not been made against Jasnih, held Leonard.
The two charges against Jasnih alleged that he smuggled a 50-year-old Filipina migrant between 10am and 2.30pm on Feb 4, 2017 at the Domestic Departure Hall ‘A’, Level 3, KKIA and a 20-year-old Filipino migrant between 12.01pm and 8.54pm on Jan 18, 2018, also at the same place.
Each charge under Section 26A of the Anti-Trafficking-In Persons and Smuggling of the Migrants Act 2007 carries a jail term of up to 15 years, or with a fine, or both, on conviction.
Jasnih was on Feb 10, this year granted bail of RM18,000 with two sureties pending the disposal of his case.
The prosecution had called 13 witnesses to testify throughout the trial.
Deputy Public Prosecutor (DPP) Rustam Sanip appeared for the prosecution while Jasnih was defended by counsel Hamid Ismail.
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