Kota Kinabalu: An 18-year-old undocumented man, whose detention recently drew attention on social media over the stateless issue in Sabah, was charged in the Special Immigration Court here on Thursday with staying in the State illegally.
Mohd Nico Ansboy, unemployed, pleaded not guilty before Judge Hurman Hussain to the charge of being found in Sabah without any valid pass to enter or remain in Malaysia on March 15, this year, at One Borneo Mall area, at 3pm.
The charge under Section 6(1)(c) of the Immigration Act 1959/63 provides for a fine of up to RM10,000, imprisonment of up to five years, or both, and is also liable to whipping of up to six strokes, on conviction.
Inspector Deanivo Sittin prosecuting applied a pre-trial case management and objected bail as the accused was undocumented and that it is a non-bailable offence.
When asked whether he would conduct his own defence or appoint counsel, Nico told the court he had engaged a lawyer who is currently overseas and expected to return on April 6.
On the issue of bail, he applied to be released, claiming he was born in Sabah, but replied “none” when asked if he had any supporting documents and remained silent when questioned on how he could prove his claim.
He also did not respond when the court clarified that the questions related to his bail application and not the charge.
Hurman said the court would not reject the bail application since the accused is represented, but would defer any decision until counsel appears to argue the matter, and ordered him to remain in custody in the meantime.
The court fixed April 30 for pre-trial case management and April 6 for appointment of counsel and bail application and ordered the accused to be remanded further.
In the same court, 10 Filipinos were penalised for committing similar offence.
Jumadi Benu, Migel Manan, Md Azwan Langsakar, Nelia Francisco, Lydia Elton, Rogelio Perdigues, Aras Jatta, Najib Kalim, Rian Norlarih and Haris Iman, aged between 18 and 57, pleaded guilty to committing the offence at separate locations here in February and March.
Nine of them, except Haris, were jailed four months jail each while Haris, who was represented by counsel Lawrence Lim was fined RM3,000 or four months jail.
Meanwhile, another Filipina, Cajuban Jenelyn, was jailed 12 months for overstaying in the State for five years and 23 days.
Cajuban Jenelyn admitted to committing the offence on Feb 18, this year at Asia City after her Temporary Work Pass expired on Jan 26, 2021.
She was charged under Section 15(1)(c) of the Immigration Act 1959/63 which provides for a fine of up to RM15,000 or a jail term of up to five years or both on conviction.
