Two immigration officers freed of migrant smuggling charge

JOHOR BAHRU - The High Court here today acquitted and discharged two senior officers of the Johor Malaysian Immigration Department on a charge of smuggling eight migrants into the country three years ago.

Judicial Commissioner Noor Hayati Mat ordered the two Immigration officers to be freed after finding that the prosecution had failed to prove a prima facie against them.

They are senior Immigration officer Haris Fadzilah Abu Bakar, 51, and Immigration assistant director Noryati Abu Bakar, 53.

In her judgment, Noor Hayati said that, among other things, the procedure for the removal of the Indonesian migrants made by the two accused was in accordance with the Immigration procedures.

"I have examined the testimony of all the witnesses... and found that the prosecution failed to prove that the two accused had knowledge that the entry of the migrants was illegal.

"Therefore, I am satisfied that the prosecution has failed to prove a prima facie against the two accused and both are hereby acquitted and discharged without calling for their defence,” she said.

Haris Fadzilah and Noryati, together with three others, were jointly charged with smuggling eight migrants at Lot 21, Jalan Feri at the Pasir Gudang Port here at noon on June 15, 2020.

They are charged under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 which provides imprisonment for up to 15 years and can be fined or both, if convicted.

A total of 21 prosecution witnesses testified throughout the trial.

The prosecution was handled by deputy public prosecutor R. Kodesviary.

Lawyers Datuk Zamri Idrus, Muhammad Abd Kadir, Md Ridzuan Othman and Khairulnadiah Hasni Yusoff represented Haris Fadzilah, while Noryati was represented by lawyers Latheefa Beebi Koya and Zaid Malek.

The other three accused, construction worker M. Amir Nasir, 64, ferry ticket agent Tengku Jajang Sagita Tengku Ridzuan, 57, and Pasir Gudang Ferry Terminal security guard Razali Mohamad, 58, are undergoing a jail term of between two and four years after they pleaded guilty to the charge. - BERNAMA