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Kota Kinabalu: A 58-year-old rental car driver, who allowed six Filipino illegal immigrants to be in his vehicle in Pitas, was sentenced to nine months' jail and fined a total of RM30,000.High Court Judge Ravinthran N. Paramaguru meted out the sentence to Mohd Abbas Mohamad, a local, after he pleaded guilty to committing the offence in a van at 9.20am on Jan 24 this year along Jalan Kampung Pias, Pitas.

The alternative charge offered by the prosecution against Mohd Abbas was framed under Section 55E (1) of the Immigration Act 1959/63 which provides for fine of between RM5,000 or RM30,000 or a jail term of up to 12 months or both for each illegal immigrant found at the premises, on conviction.

Ravinthran ordered Mohd Abbas to serve nine months' jail from the date of his arrest and fined him RM5,000 for each illegal immigrant or three months' jail.

Mohd Abbas was originally charged under Section 26J of the Anti-Trafficking in Person and Anti-Smuggling of Migrants Act (Atipsom) 2007, which carries a jail term of up to five years, or a fine of up to RM250,000, or both, on conviction.

In meting out the sentence, Ravinthran held that a mere fine was not sufficient and would send a wrong message to would-be offenders to commit the same offence.

The court viewed the offence as serious and a deterrent message should be sent to deter others, said Ravinthran.

Deputy Public Prosecutor Mohamad Khairuddin told the court that police, who acted on tip-off stopped a van driven by Mohd Abbas, who was ferrying nine passengers.

When screened, six of the passengers failed to produce valid identification documents and on checking further with the Immigration Department, the six passengers, all Filipinos, were found to have no record of exit or entry with the department.

Counsel PJ Perira, representing Mohd Abbas, requested for leniency saying among others that he had been under remand since Jan 24.

Deputy Public Prosecutor Mohamad Khairuddin Idris told the court that it was a serious offence and applied for a deterrent sentence to stop Mohd Abbas from committing the same offence in future and also to deter others from committing a similar offence.

The court later granted the prosecution's application to discharge and acquit Mohd Abbas from the principal charge.