Kota Kinabalu: A 38-year-old Filipino who was among those arrested in the entry permit forgery syndicate last year was freed without his defence being called.
Session Court Judge Noor Hafizah Mohd Salim discharged and acquitted Gabby Roger after ruling that the prosecution had failed to establish a prima facie case.
Gabby, who holds an IMM13 document, was accused of having a fake entry document under his name at 10.35pm on March 29, 2023 at a house in Kg Sembulan Lama, here.
The offence under Section 56 (1)(I) of the Immigration Act 1959/63 are punishable under Section 56(1)(aa) of the same act, which provides a maximum fine of RM10,000 or imprisonment of up to five years, upon conviction.
The prosecution had called five witnesses during the hearing.
Previously, Gabby was charged together with four other Filipinos with having fake entry documents.
However, the four had pleaded guilty to the charge and were sentenced accordingly.
Deputy Public Prosecutor Syarifah Nursyuhada Tuan Mamat from the Immigration Department prosecuted while Gabby was represented by counsel Goldam Hamid.
