ANN/THE STAR – Two senior immigration officers were acquitted and discharged by the Malaysian High Court from a charge of human trafficking.
Haris Fadzilah Abu Bakar and Norhayati Abu Bakar, a deputy director and senior officer, were freed from the charge under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (Atipsom) 2007 yesterday.
High Court judge Noor Hayati Mat made the decision after finding that the prosecution had failed to prove a prima facie case against both accused. In her judgement, Justice Noor Hayati said the accused processed the exit procedure of migrants in accordance with the method allowed by the Immigration Department.
“I have called up all witnesses who can provide information on the job scope involved in the exit procedure of a migrant from the country.The prosecution has failed to prove that both accused had knowledge that the migrants involved entered the country illegally.
“The prosecution witnesses have also verified that both accused had no way of knowing this information without further investigation.
“With that, I am satisfied that the prosecution has failed to prove a prima facie case against both accused, and therefore both of them are acquitted and discharged,” she said.
Based on the charge sheet, the duo along with three others were accused of conducting human trafficking activities involving eight migrants at Lot 21, Jalan Feri, at the Pasir Gudang Port in Johor Bahru, Malaysia at around noon on June 15, 2020.
The offence carries a jail term of up to 15 years, or a fine, or both upon conviction.
The other three accused – ticketing agent Tengku Jajang Sagita Tengku Redzuan, security guard Razali Mohamad, and construction worker M Amir Nasir, – have been sentenced to jail terms.
