Kota Kinabalu: Four stateless Bajau Laut youths who are also students were charged separately with illegal entry into the State, of whom three were released on bail.
In a rare development, three of them were granted bail despite the offence being non-bailable. They were Mohd Mansul Ajjili, 20, Jolina Julkipli, 21, Jay Jeriko Omar, 20, and Mohd Haykal Nukiman Zulkifli, 22.
The four are currently studying at an alternative learning centre, Development of Nature and Humanity, and are expected to graduate next year. Some are also undergoing industrial training at organisations while still studying.
All four, who are from Semporna, pleaded not guilty before Sessions Court Judge Hurman Hussain after the charges were read to them on Tuesday.
They were charged with entering the state without proper documents when they were recently arrested but were released on police bail awaiting for them to be charged in court.
The offence, under Section 6(1)(c) of the Immigration Act, carries a jail term of up to five years, a fine of up to RM10,000, or both, upon conviction.
Jolina, Jay and Mohd Haykal were each granted bail of RM2,000 with one local surety, who must be a family member or a person who has made a statutory declaration stating that the three were born in Sabah.
The trio were also ordered to report to the Semporna Police Station once a month.
Mansul was further remanded, as the court said he needed sufficient documents to prove that he was born in Sabah, unlike the other three who had sufficient supporting documents.
The court clarified that it neither granted nor denied bail for Mohd Mansul, who is also studying at the same learning centre as the trio, at this stage, instead allowing sufficient time for him to present evidence proving he was born in Sabah.
The court set April 30 this year for pre-trial case management.
Earlier, prosecuting officer Inspector Deanivo Sittin objected to bail on the grounds that they did not have proper documents.
Counsel Sherzali Herza Asli, who represented the stateless Bajau Laut, tendered several statutory declarations in court to show that three of the accused were born in Sabah.
Sherzali also submitted that two of the three accused persons’ mothers are Malaysians.
He further informed the court that the only way to confirm that they are the children of the women is through DNA testing.
Sherzali argued that Section 6(1)(c) could not be used to charge or convict stateless persons.
During the proceedings, Sherzali also referred to the Chief Minister’s statement that the government would protect the Bajau Laut, but enforcement action continues against those without documents.
