KUALA LUMPUR: An Immigration officer became the first person to be charged, tried and convicted under Section 26E of the Anti-Trafficking in Person and Anti-Smuggling of Migrants Act for preparing a fraudulent Malaysia My Second Home (MM2H) programme pass for a Vanuatu man three years ago.
Immigration assistant enforcement officer Shamsudin Ishak, 51, was sentenced by High Court judge Datuk Azhar Abdul Hamid to eight years in jail and a RM150,000 fine, in default a year in jail.
Azhar found that Shamsudin, formerly attached to the MM2H visa and passport division, failed to raise a reasonable doubt at the end of the defence case, after considering the defence in totality as well as a maximum evaluation on the overall evidence of the case as required by the law.
“I am satisfied to find that the accused has failed to raise a reasonable doubt and the prosecution has successfully proven its case beyond reasonable doubt.
“Shamsudin, you are found guilty and convicted as charged,” the judge said.
Shamsudin, who appeared in court limping, wearing a shoulder sling and had lost significant weight, appeared calm with his head bowed during the proceedings while his family members sat in the public gallery.
Azhar, however, granted Shamsudin a stay of execution on the jail sentence pending an appeal at the Court of Appeal.
The judge increased Shamsudin’s bail sum to RM30,000 with one surety from the initial RM15,000 amount imposed after he was first charged.
This came after defence lawyer, T. Harpal Singh, made an application to postpone the sentence.
“There are special circumstances to warrant a stay as the health condition of the accused is poor,” he said.
Harpal also told the court that Shamsudin is married with six children, and had served the civil service for 27 years.
“This is his first offence. He is currently on medical leave after undergoing multiple surgeries for a hand infection.
“He requires follow up medical treatment,” he said.
In rebuttal, deputy public prosecutor Noor Haslinda Che Seman pressed for a severe sentence, arguing he had betrayed the responsibility and breached the trust accorded to him as a civil servant to protect the country’s borders.
She said this was the prosecution’s first case under the section, which provides a jail term not less than seven years and not exceeding 15 years; as well as a fine not less than RM50,000 and not more than RM500,000 or both upon conviction.
“He had conspired to aid the illegal entry of a foreigner into Malaysia, which is a serious crime that affects the country’s safety and economy and had tainted the good name of the Immigration.
“As an officer entrusted to protect the country’s borders, he should have been the first line of defence and should not have abused his position and official capacity to produce a false document to ease the smuggling of the migrant.
“We ask the court to impose a harsh penalty to commensurate the offence to protect the integrity of civil service and to give a clear message that the court will not compromise with civil servants who misuse their power for personal interest, which causes transborder threats and social instability in the country,” she said.
Haslinda had also objected to Harpal’s application for a stay of execution as it involved security offences under the Security Offences (Special Measures) Act (Sosma) and that he was sentenced after a full trial.
Harpal said he would file an appeal.
In March, Azhar ordered Shamsudin to enter his defence on the charge of preparing the fraudulent MM2H pass, thus committing human trafficking on Li XiangQiang, a citizen of Vanuatu, at the MM2H office at the Immigration Department in Putrajaya in June 2022.
© New Straits Times Press (M) Bhd
