Fisherman jailed for transporting 9 illegals
Published on: Friday, September 06, 2024
By: Jo Ann Mool
He was charged under Section 26J of the Anti-Trafficking in Persons and Anti-Smuggling of Migrant (Atipsom) Act 2007, which is punishable by a jail term of up to five years and liability of a fine of up to RM250,000 or both, on conviction.
Kota Kinabalu: A 67-year-old fisherman was jailed four years by the High Court here Thursday for transporting nine smuggled Filipino migrants in Kudat waters, three months ago.
Dasil Zimlan pleaded guilty before Judge Datuk Ismail Brahim to transporting nine Filipinos smuggled migrants, aged between 18 and 42.
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Dasil, as a boat captain, had committed the offence on June 2, at 10.15pm, on a pump boat without a registration number, approximately 1.65 nautical miles northwest of Kalampunian Island, in the waters of Kudat.
He was charged under Section 26J of the Anti-Trafficking in Persons and Anti-Smuggling of Migrant (Atipsom) Act 2007, which is punishable by a jail term of up to five years and liability of a fine of up to RM250,000 or both, on conviction.
Malaysian Maritime Enforcement Agency (MMEA) Deputy Public Prosecutor (DPP) Nurun Nazifah Muhammad Iyen informed the court that MMEA enforcement inspected a pump boat and found 13 people on board, including the skipper, later identified as Dasil, a local.
Further investigations revealed that Dasil, as the skipper, had transported nine migrants who were smuggled directly from Balabac, Philippines, to Sabah.
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Investigations also found that none of the nine smuggled migrants had valid identification documents or passports to enter Malaysia, the court heard.
Dasil, who was unrepresented, requested a lenient sentence, noting that he is 67 years old, has been a fisherman for a long time, and lives alone in a village in Sikuati, Kudat, as his children are already married.
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DPP Nurun applied for a heavier and deterrent sentence for Dasil to discourage him and others from committing the same offence.
The prosecution submitted that Dasil was charged under a national security offence listed under the First Schedule of the Security Offences (Special Measures) Act 2012 (SOSMA), as amended in 2014.
“This indicates the seriousness with which the Malaysian government is combating the smuggling of illegal immigrants into the country.
“The gravity of the offence poses a threat to national safety and security.
“The prevalence of this offence in Sabah waters contributes to the influx of illegal immigrants into our country, resulting in increased social problems and crimes,” said the prosecution.
Judge Ismail ordered the pump boat and its engine to be forfeited by the government as applied by the prosecution.
Dasil was ordered to serve the sentence from the date of his arrest.
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