JB High Court frees Immigration officers of human trafficking charges

JOHOR BARU: Two senior Immigration officers have been acquitted and discharged by the High Court here from a charge of human trafficking.

Haris Fadzilah Abu Bakar, 51, and Norhayati Abu Bakar, 53, a deputy director and senior officer respectively, were freed from the charge under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (Atipsom) 2007 on Monday (Oct 16).

High Court judge Noor Hayati Mat made the decision after finding that the prosecution had failed to prove a prima facie case against both accused.

In her judgment, Justice Noor Hayati said the accused processed the exit procedure of migrants in accordance with the method allowed by the Immigration Department.

“I have called up all witnesses who can provide information on the job scope involved in the exit procedure of a migrant from the country.

“The prosecution has failed to prove that both accused had knowledge that the migrants involved entered the country illegally.

“The prosecution witnesses have also verified that both accused had no way of knowing this information without further investigation.

“With that, I am satisfied that the prosecution has failed to prove a prima facie case against both accused, and therefore both of them are acquitted and discharged,” she said.

Based on the charge sheet, the duo along with three others were accused of conducting human trafficking activities involving eight migrants at Lot 21, Jalan Feri, at the Pasir Gudang Port, at around noon on June 15, 2020.

The offence under Section 26A of Atipsom carries a jail term of up to 15 years, or a fine, or both upon conviction.

DPP R. Kodesviary prosecuted; Norhayati was represented by Latheefa Koya and Zaid Malek; while Haris Fadzilah was represented by Zamri Idrus, Muhammad Abd Kadir, Md Ridzuan Othman and Khairulnadiah Hasni Yusoff.

The other three accused – ticketing agent Tengku Jajang Sagita Tengku Redzuan, 57; security guard Razali Mohamad, 58; and construction worker M. Amir Nasir, 64 – have been sentenced to jail terms ranging from two to four years after pleading guilty.