Human trafficking: Auxiliary cop’s trial begins in High Court
Published on: Friday, February 14, 2020
By: Jo Ann Mool
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KOTA KINABALU: The trial of a 54-year-old auxiliary police, charged with trafficking illegal immigrants from the Philippines, began at the High Court on Thursday.

Jasnih Ot Ali @ Mohd Alli, who is attached to the KKIA, maintained his innocence to the charge of trafficking two Filipinos, one of them a woman, aged 20 and 55, at 5.15pm between February 2017 and Oct 24, 2018, at the Kota Kinabalu International Airport (KKIA).

He had on Feb 25, 2019 pleaded not guilty to the charge under Section 26A of the Anti-Trafficking-In Persons and Smuggling of the Migrants Act 2007 which carries a jail term of up to 15 years, or with a fine, or both, on conviction. 

Deputy Public Prosecutor (DPP) Mohd Khairuddin Idris in presenting the opening address, told Judicial Commissioner Leonard David Shim that the prosecution will present the key witness to prove that Jasni did smuggle in the two Filipinos.

The prosecution would also adduce oral as well as documentary evidence in order to prove that the two Filipinos were actually smuggled migrants, said DPP Mohd Khairuddin.

He added that the entire adduced later will assist the court to arrive at irresistible conclusion at the end of trial that the accused had knowledge or had a reason to believe that those smuggled migrants’ entry or exit is lawfully and to accordingly convict the accused with an offence under Section 26A.

Jasnih was on Feb 10 granted a bail of RM18,000 with two sureties pending the disposal of his case.

Earlier, the court delivered its ruling on the application by counsel Hamid Ismail, who represented Jasnih and another accused Basri Jalal, who was also charged with similar offence, for a question of law to be referred to the Federal Court pursuant Section 84 of the Courts of Judicature Act 1964.

Shim held that having read the submissions of both parties and upon hearing the counsel for the prosecution and the accused, the application for referral under Section 84 of the of the Courts of Judicature Act 1964 is refused.

“This court is in a position to determine such constitutional issue as and when it arises,” held Shim.


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