Ana (second right) alongside one of her counsels Fadzillah (second left) at the Kuching Court Complex.
KUCHING (Dec 4): A 50-year-old woman pleaded not guilty when charged by the High Court here today for allegedly smuggling six illegal immigrants using non gazetted path (jalan tikus) near Kampung Biawak.
Ana Ekang made the plea after the charge under Section 26J of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (Atipsom) 2007 was read to her via the court interpreter.
The accused will be liable for imprisonment of no more than 5 years and a fine not exceeding RM250,000 or both if found guilty.
Judge Datuk Zaleha Rose Pandin set Jan 12, 2021 for mention of the case.
“The accused is released with bail of RM15,000 not deposited, with two local sureties – apart from having to report to the Immigration Department once a month until the trial is over,” Zaleha said during the proceedings.
Based on the charge, she was accused of smuggling six Indonesians aged between 19 to 27 years old using a four-wheel-drive on July 3 at 2pm in Kampung Kebun Biawak, Lundu.
Further investigation revealed that two Indonesians possessed expired passports, while the remaining four failed to present any valid travel documents.
Earlier, Osman Ibrahim who was one of the lawyers representing the accused, applied for his client to be given bail.
“Although my client was detained under the Security Offenses (Special Measures) Act 2012 (SOSMA) which does not offer any bail, bail consideration is allowed for detainees consisting of children, women and the sick.
“Therefore, I request that my client be given bail,” said Osman during the proceedings.
Aside from Osman, the accused was also represented by counsel Fadzillah Osman
Meanwhile in the Sessions Court, two men were charged with the same offense under Section 26J Atipsom 2007.
However, no recorded confession was made from Keden Meget, 48 and Osman Nyapos, 36.
Deputy Public Prosecutor from the Malaysian Immigration Department Wan Imaan Ikhwan Wan Iskandar Mirza applied for the case to be transferred to the High Court following the offense committed by the accused, including security offenses.
As such, Judge Marutin Pagan had set both of the accused who were unrepresented by counsel to be further detained pending a new date set for the case.
According to the charge, the two men were accused of smuggling a mother and son, aged 27 and 8 respectively on July 14, at 3 pm at Kampung Serikin Oil Palm Plantation in Bau.
It is learnt that the mother and son were brought in from the neighboring country via a non-gazetted path by riding a motorcycle.
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