Kota Kinabalu: A 53-year-old unemployed woman charged with two counts of smuggling undocumented Filipino migrants was released on bail by the High Court here, Friday.
Judicial Commissioner granted Nihmah Hashim’s bail application after ruling that she was not a flight risk and qualified for bail under the exception provided under Section 13(2)(b) of the Security Offences (Special Measures) Act 2012 (SOSMA) due to her medical condition.
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The court set bail at RM30,000 with two local sureties.
Nihmah was also ordered to surrender her passport to the court and prohibited from applying for a new passport or any travel document.
She must report weekly to the nearest police station, remain in Sabah, refrain from contacting or interfering with prosecution witnesses or the investigation, and attend all court proceedings.
Counsel Datuk Ram Singh and Prem Elmer represented Nihmah, while Deputy Public Prosecutor Dacia Jane Romanus objected to the bail application.
In the application, Ram submitted that Nihmah suffered from several chronic medical conditions, including hypertension, diabetes, high cholesterol and severe gastric reflux, which required continuous medication, regular monitoring and proper medical supervision.
He also told the court that Nihmah had fainted while in detention and that prolonged remand, coupled with limited access to timely treatment, could affect her health and ability to prepare her defence.
Nihmah claimed trial on May 13 and 14 to two separate charges under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.
In the first charge, she was accused of smuggling one undocumented Filipino migrant, together with two accomplices still at large, at the Kota Kinabalu International Airport (KKIA) at about 5.30am on Oct 31, 2025.
In the second case, she was alleged to have smuggled two undocumented Filipino migrants at the same airport and at the same time.
The offence carries a maximum jail term of 20 years, a fine, or both upon conviction.
Nihmah is scheduled to stand trial for one of the cases from April 20 to 22 next year.
