Kota Kinabalu: A 47-year-old Filipina illegal immigrant who allowed three children – one of them her daughter – to sell fruits on the streets for almost 12 hours six days a week was jailed nine years and fined RM2,000 or two months’ further jail, Wednesday.
Awala Antualang, who used Kad Burung Burung as her document, pleaded guilty before three Sessions Court Judges to three separate charges against her.
The court heard that Awala asked the children to sell the fruits at different places and the children would go home after all were sold.
Awala would then take all the money the children earned and give them one day off every week.
On the first count, Judge Elsie Primus handed her three years’ jail for allowing an 11-year-old boy under her care to sell fruits from 11am to 11pm between January and end of February this year.
On the second count, Judge Hurman Hussain imposed also three years for committing similar offence against her 13-year-old daughter in Aeropod area from 12.30pm until 11pm also in January and February this year.
On the third count, Judge Amir Shah Amir Hassan sent Awala to prison for three years plus a fine of RM2,000 or two months’ jail for allowing a 12-year-old boy also under her care, to be in Harbour City KK area to sell fruits from 12.30pm until 10pm also in January and February this year.
The offences under Section 32(1)(a) of the Children Act 2001 and punishable under Section 32(1) of the same Act carries a jail term of up to five years, or a fine of RM20,000, or both, on conviction.
The court ordered Awala to serve the sentences from the date of her arrest and be referred to the Immigration Department after completing sentences.
During mitigation, Awala who was not represented, asked for leniency saying she has nine children and was a single mother.
She told the court her children are still small and her eldest is 21 and was detained for having Kad Burung Burung.
However, Deputy Public Prosecutor Dacia Jane Romanus urged the court to impose a deterrent sentence as a warning to others who may be doing the same involving children.
Dacian added the public ought to know that the Child Act 2001 recognise every child of entitlement of protection in all circumstances without regard of distinction of any kinds such as race, social origin or any other status.
Awala has two other charges against her and her plea was rejected as she told the court that she did not know her act against the children were offences.
The two charges stated that Awala also allegedly asked her two children aged 11 and 12 to sell fruits for almost 12 hours in different places on the streets. The court set April 22 for pre-trial case management.
