Kota Kinabalu: A retired mechanic and his Filipina wife were each fined RM10,000 by the High Court for allowing two Filipino illegal immigrants to stay at their home in Penampang, three years ago.
Michael Pillai, 64, and Phoebe Yanoc Indoc, 62, pleaded guilty before Judge Maslinda @ Linda Mohd Ainal to jointly permitting the two illegal immigrants to reside at their premises in Kg Nosoob Baru, between 10pm on Nov 18, and 6am on Nov 23, 2022.
The alternative charge under Section 55E(1) of the Immigration Act 1959/63, read together with Section 34 of the Penal Code, which provides for a fine of between RM5,000 and RM30,000 or a jail term of up to 12 months, or both, for each undocumented immigrant.
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The alternative charge was brought against the duo during the mention of their original charge of concealing or harbouring two trafficked Filipina migrants under Section 26H of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Atipsom) Act 2007.
Deputy Public Prosecutor Dacia Jane Romanus in tendering the facts of the case informed the court that investigations revealed that on Nov 15, 2022, two Filipina immigrants flew from Manila Airport to Palawan and when arrived, they were met by two unknown men who took them to a hotel for the night.
The following day, the women were taken to Buliluyan Port, where they boarded a boat to Kudat, Sabah and after reaching Kudat, they were picked up by a man driving a Toyota Hilux and transported to Penampang.
On Nov 18, at 10pm, Michael and Phoebe, who are husband and wife, pick up the two women and brought them to their house in Kg Nosoob, Penampang, where the pair stayed for five days.
During this time, Michael and Phoebe provided the women with a room, food and drinks.
On Nov 23, at 6am, a man arrived at the couple’s home and drove the two women in a car to Lawas, Sarawak where, the man then purchased flight tickets for them to Miri, Sarawak.
Acting on information from the Philippine embassy, police from the Miri Criminal Investigation Department rescued the two women at Miri International Airport.
Unrepresented, Michael, who was out on bail, requested a fine, citing numerous health problems, including a lung condition, high blood pressure and prostate cancer, which requires medical review every six months.
He also told the court that he has to care for his three school-going children.
Phoebe, who was also unrepresented, pleaded for a lenient sentence, saying that she suffers from high blood pressure and osteoarthritis and that she needed to return to her hometown in the Philippines to care for her elderly disabled mother, who is currently being looked after by another family member.
The prosecution raised no objection for Michael being fined after looking at the medical records he gave to the court.
The court ordered that Michael’s bail be refunded, that Phoebe be referred to the Immigration Department after paying the fine or serving her sentence, and that the original charge against them be withdrawn.