Duo lose human trafficking appeal
Published on: Wednesday, September 04, 2019
By: Jo Ann Mool
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KOTA KINABALU: The High Court here on Tuesday dismissed the appeal by a man and woman, who were jailed 24 years each on four counts of trafficking four teenagers for the purpose of labour exploitation.

Chief Justice of Sabah and Sarawak, Datuk Seri David Wong Dak Wah, made the decision on the case of Hasrul Abd Hamid, 32, and Siti Nurain Abdul Malik @ Rachel, 22, after hearing their appeal.

He held that there was no merit in the appeal.

On Jan 31 this year both Hasrul and Nurain were found guilty after a full trial of trafficking of the individuals aged between 15 and 17, at 1.45am on Feb 7, 2018 at the Hideout Karaoke in Cyber Square, Jalan Lintas, near here.

The victims had no documents.

They were convicted under Section 14/34 of Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, which carries a jail term of between three years and 20 years, and liable to fine, on conviction.

Both Hasrul and Nurain were sentenced to 12 years’ jail on each charge but the Sessions Court ordered them to serve the first and second count concurrently and consecutively with the third and fourth counts, which means they needed to serve 24 years in prison.

Hasrul had earlier appealed for the sentence to be reduced and to be run concurrently by saying that he was only a driver in the case and that he has family to support.

Nurain also appealed for the sentence to be reduced and that she had a son.

Deputy Public Prosecutor (DPP) Mohd Khairuddin Idris submitted, among others, that the sentence imposed was adequate and was not manifestly excessive.

In another case, a 30-year-old man failed in his appeal against his sentence of 13 years and two lashes of the cane for raping a 13-year-old girl.

David dismissed Muslimin Lamusa’s appeal by ruling that there was no reason for the court to interfere with the decision of the lower court and that the sentence imposed was appropriate.

Muslimin had, on March 21 this year, jailed 13 years and caned twice after he pleaded guilty at the Sessions Court to raping the girl between 5am and 6am at a rented house in Tuaran on Sept. 2, last year.  

The offence, under Section 376(1) of the Penal Code, carries a jail term of up to 20 years, and whipping, on conviction.

Counsel Goldam Hamid, representing Muslimin, submitted that Muslimin claimed that he was not aware that the victim, whom he met during drinking sessions in a pub, was 13 years old and that Muslimin claimed that it was a consensual sex.

DPP Mohd Khairuddin disagreed with Muslimin’s claims because Muslimin never mentioned about it at the lower court.

Mohd Khairuddin added that that such claims was not a reason for a lenient sentence.


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