Filipino gets jail for trespassing

Kota Kinabalu: An unemployed Filipino was jailed for a total of 17 months by the Magistrate’s Court here Wednesday on two counts of trespassing and having items believed to be stolen.

Asmil Tito, 25, pleaded guilty before Magistrate Jessica Ombou Kakayun to both charges.

Asmil was sentenced to 15 months’ jail on the first count of trespassing into a room on the second floor of the Doorbellz Hotel in Gaya Street at 1.30pm on OCt 29.

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On the second count, Asmil was handed two months jail for having three pairs of sandals, a pair of shoes,  two shirts and a pair of jeans, which he failed to give an explanation on how he obtained them at 1.10am on Oct 12 on the road at Taman Putera Jaya in Telipok.

The prosecution in tendering the facts of the case for the first count, told the court that the hotel staff were checking the CCTV recording, and spotted a man, later identified as Asmil,  entering the lobby in the absence of hotel staff.

Asmil was then detained by the hotel staff in one of the rooms on the second floor.

Investigations revealed that Asmil prised the room door using a screwdriver.

The facts of the case on the second count stated that when Asmil was detained by the road, he failed to give a reasonable explanation on how he obtained the items that he was carrying.

Asmil, who was unrepresented, requested for a lenient sentence and for the sentence be run concurrently.

He added that he was earlier sentenced to four months’ jail and ordered to be caned once by the Sessions Court for illegal entry.

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The court ordered Asmil to serve the imprisonment sentence consecutively and ordered him to be referred to the Immigration Department thereafter.

The first count under Section 448 of the Penal Code carries a jail term of up to three years or fine of up to RM5,000 or both on conviction while the second count under Section 22A (1) of the Minor Offences Ordinance which provides for a fine of up to RM100 or up to three months jail or both on conviction.

Inspector Albert Basiri prosecuted.

Meanwhile, Asmil who had been living in the State for a long time without any document was sentenced to four months’ jail.

Sessions Court Judge Elsie Primus meted out the sentence to Asmil who pleaded guilty to the charge.

Asmil was also handed a stroke of the cane.

He was arrested on Oct 12 this year at 1.10am in Jalan Putera Jaya, Telipok, near here.

Asmil failed to produce any identity document to the police when the police asked him to show his document.

The offence under Section 6(1)(c) of the Immigration Act carries a jail term of up to five years, or a fine of up to RM10,000, and whipping, on conviction. 

During mitigation, Asmil who was not represented, asked for leniency and told the court that he is deported to his hometown as soon as possible.

However, Prosecuting Officer, Assistant Superintendent of Police Sabrina Jinius  urged the court to impose an appropriate sentence on Asmil.

Asmil was ordered to serve the jail sentence from the date of his arrest on Oct 12 this year.

After completing his jail sentence, the court ordered the foreigner to be referred to the Immigration Department.