Kota Kinabalu: Two men who operated a brothel were jailed seven years each, while one of them was also fined a total of RM152,000 for permitting 19 illegal immigrants to remain in a premises.
Sessions Court Judge Azreena Aziz meted out the sentence to Tay Leong Hee, 56, and Tay Tian Chuan, 49, after ruling that the prosecution had proven its case beyond reasonable doubt against the duo on Wednesday.
They were convicted of managing the brothel on the second floor of a hotel in Lorong Api-Api 3, Api-Api Centre, here, at 8.44pm on Nov 23, 2017.
They were jointly charged under Section 373(1)(a)/34 of the Penal Code and punishable under Section 373(2) of the same Code which carries a jail term of up to 15 years, and liable to fine, on conviction.
Meanwhile, Leong Hee was also convicted for allowing the illegal immigrants to be in his premises on the same day.
He was ordered to pay RM8,000 fine in default one month’s jail for each illegal involved.
The offence under Section 55E of the Immigration Act 1959/63 which carries a jail term of up to a year, or a fine of between RM5,000 and RM30,000, or both, for each illegal immigrant involved.
The prosecution had called 20 witnesses and seven witnesses testified during the defence stage.
During mitigation, counsel Edward Paul who was together with counsel Chin Tek Ming represented Leong Hee, asked for leniency saying that it was their client’s first offence.
Edward also informed the court that Leong Hee has two children and wife to look after.
He added that there was no physical violence or force into prostitution in the case.
Meanwhile, counsel Adrian Cham who defended Tian Chuan, also asked for a light sentence to be imposed considering that his client’s first offence and that he was the sole breadwinner of his family.
According to Adrian, Tian Chuan has four children and the eldest daughter is currently studying at a university in Kuala Lumpur.
However, Deputy Public Prosecutor (DPP) Najihah Farhan Cheh Awang who stood in for DPP Arif Aizuddin from the Immigration Department, urged the court to impose a deterrent sentence on the grounds it was a public interest.
Najihah said it was supposed the duty of the accused persons to prevent illegal immigrants to stay in their premises but they allowed them to stay.
The court granted the duo’s application to stay execution of their sentence pending appeal against the decision to the High Court.
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