Kota Kinabalu: A 26-year-old Filipina, who was sentenced to 13 years’ jail for trafficking a 16-year-old girl for the purpose of sexual exploitation, failed in her appeal against her conviction and sentence.
High Court Judge Datuk Ismail Brahim in delivering his ruling Wednesday, dismissed the appeal by Nur Farini Dasid.
Ismail held that the court found no merits in the appellant’s appeal and that the Sessions Court Judge had evaluated the case and found no reasons to interfere with the judge’s findings.
“The conviction and sentence are therefore upheld, and I hereby dismiss the appeal,” held Ismail.
Nur Farini, an IMM 13 holder, was on Jan 7, 2021, Thursday, sentenced to 13 years’ jail by Sessions Court Judge Azreena Aziz after she was convicted of committing the offence.
Nur Farini was found guilty of committing the offence in early May 2018 at a reflexology centre in Api–Api Centre, here.
The charge, under Section 14 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, carries a jail term of between three and 20 years, and liable to a fine, on conviction.
The lower court ordered Nur Farini to serve the sentence from the date of her arrest on Oct 8, 2018 and ordered her to be referred to the Immigration Department thereafter.
In her appeal, counsel Goldam Hamid, representing Nur Farini submitted that there was no coercion because the victim admitted she was never assaulted to commit the sexual acts.
Further, the victim could have easily escaped as there was no physical restraint and nothing to stop her from leaving, said Goldam.
Deputy Public Prosecutor (DPP) Mohammed Ali @ Rocky Imran urged the court to dismiss the appeal and uphold the conviction and sentence.
Ali submitted that there were no reasons to interfere with the findings of the trial judge.
“Evidence was plenty to show that the appellant had deceived the victim, luring her to work at the massage spa. Even after doing so, the appellant has sold her to paying customers for sexual gratification,” submitted DPP Ali.
The offence committed by the appellant was heinous in nature, forcing an underage girl to perform sexual activities, in which proceeds went directly and only to the appellant, said DPP Ali, adding that, the victim had suffered tremendous traumatic episodes due to the incident.
Meanwhile, a 19-year-old sales assistant was charged in the Magistrate’s Court for theft.
Junior Jiral pleaded guilty to stealing an Apple watch belonging to CG Computer Sdn Bhd at 1.40pm on Dec 24, 2022 at Urban Republic shop, Imago.
The charge, under Section 380 of the Penal Code, carries a jail term of up to 10 years or fine on conviction.
Magistrate Stephanie Sherron Abbie deferred fact and sentencing to Feb 6 pending Junior’s social report being prepared.
Junior was offered bail at RM2,000 in two sureties pending the date.
Inspector Suzie @ Stephanie Kupit prosecuted.
