Smuggling of two illegals: the auxiliary cop is freed
Posted on: Saturday 09 October 2021
By: Jo Ann Mool
Jasnih (left) chats with Hamid outside the courthouse after the proceedings.
Kota Kinabalu: A 57-year-old auxiliary police officer, who has been charged with two counts of smuggling undocumented Filipino migrants, was acquitted by the High Court on Friday. Judicial Commissioner Leonard David Shim acquitted and acquitted Jasnih Ot Ali @ Mohd Alli, who was attached to Kota Kinabalu International Airport (KKIA), without calling for his defense. In his decision, Leonard ruled that after having fully assessed all the evidence produced, the court concluded that the prosecution had not presented credible evidence of migrant smuggling under section 26 of the Anti-Smuggling Act. -treat in persons and smuggling of migrants (Atipsom) Law of 2007, which, if not refuted or unexplained, would justify a conviction.
No prima facie case has been made against Jasnih, Leonard said. Both counts against Jasnih alleged that he smuggled a 50-year-old Filipino migrant between 10 a.m. and 2:30 p.m. on February 4, 2017 at domestic departure hall ‘A’, level 3, KKIA and a Filipino migrant from 20 years old between 12:01 p.m. and 8:54 p.m. on January 18, 2018, also at the same location. Each charge under section 26A of the Trafficking in Persons and Smuggling of Migrants Act 2007 is punishable by imprisonment for up to 15 years, or a fine, or penalties. two, in case of conviction.
Jasnih was granted on February 10 this year a deposit of 18,000 RM with two sureties pending the resolution of his case. The prosecution had called 13 witnesses to testify throughout the trial. Deputy Prosecutor (DPP) Rustam Sanip appeared for the prosecution while Jasnih was defended by lawyer Hamid Ismail.