Kota Kinabalu: A police officer, who was two years ago fined RM20,000 or six months’ jail for permitting an illegal Filipina to stay in his house, succeeded in his appeal against his conviction and sentence.
High Court Judicial Commissioner Wong Siong Tung allowed Deputy Superintendent of Police Mohd Nizam Yang’s appeal to set aside the conviction under Section 55E(1) of the Immigration Act 1959/1963.
Nizam, 48, was on Aug 14, 2018 sentenced by the Sessions Court, which on July 20, the same year found him guilty to an amended charge of allowing the 27-year-old paperless woman to stay at a house in Taman Ujana Kingfisher, Likas between April and November 2016.
The offence under Section 55E(1) of the Immigration Act 1959/1963, is punishable under Section 55E (2) of the same Act 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, on conviction.
Nizam was originally charged with trafficking the Filipina under Section 12 of the Anti-Trafficking-In Persons and Smuggling of the Migrants Act (Atipsom) 2007 carries a jail term of up to 15 years and fine, on conviction.
However, the Sessions Court on July 20, 2018 acquitted and discharged him of the charge and convicted him on the amended charge under Section 55E(1) of the Immigration Act.
In the same High Court proceedings, the prosecution’s cross-appeal against the order of acquitting Nizam of the charge under Section 12 of the Atipsom Act was dismissed.
Earlier, Counsel Dominic Chew, representing Nizam, in his submission, submitted nine grounds, among others that the conviction under Section 55E was unsafe and that Nizam’s conviction immediately after pleading not guilty to the amended charge has prejudiced him and resulted in a miscarriage of justice.
Chew also submitted that the sentence imposed on Nizam was manifestly excessive.
Chew also applied for the court to affirm Nizam’s acquittal under Section 12 of the Atipsom and to set aside his conviction under Section 55E of the Immigration Act.
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