» »Unlabelled » Three illegals jailed, whipped over revolver and bullets BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

17:50:00

Three illegals jailed, whipped over revolver and bullets BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Three illegals jailed, whipped over revolver and bullets

Posted: 29 Nov 2013 10:09 AM PST

by Suraini Andokong. Posted on November 30, 2013, Saturday

KOTA KINABALU: Three Filipinos, who entered Sabah via Kampung Bangau-Bangau in Semporna, from Bongao in southern Philippines 11 days ago on a boat, received lengthy jail sentences and whippings for separate charges under the Firearms Act.

In the first case, Abdun Nahar Abdan, 26, was jailed for a total of 10 years and 10 months plus six strokes of the cane for illegally possessing a revolver and bullets.

Sessions Court Judge Azreena Aziz imposed a 10-year jail term and six strokes of the cane on Abdun for the first count of illegally possessing a .38 revolver inside a car at Jalan Lintas, near Taman Hilltop, Luyang at 4 am on November 21.

He was convicted under Section 8 of the Firearms Act (increased penalty) 1971 which is punishable by a maximum of 14 years jail and whipping, upon conviction.

For the second charge, he received another 10 months' jail for possessing seven bullets, namely, AP12.38 SPL without a licence at the same time and place.

He pleaded guilty to the charges under Section 3 of the Firearms Act 1960, punishable under Section 43 of the same Act, which carries a jail term of up to one year or a fine, upon conviction.

In the second case, Ajul Basarah, 28 and Abbam Arakan, 43, were each jailed 10 years and ordered to be whipped six times by the same Court for being accomplices of Abdun.

The duo pleaded guilty to committing the offence at the same time and place.

The charge under Section 9 of the Firearms Act (increased penalty) 1971 provides for a maximum jail sentence of 14 years and whipping, upon conviction.

All three accused persons were also jailed for six months each and ordered to be whipped once for entering the State illegally.

The trio, who admitted to committing the offence at the same time and place, were separately charged under Section 6 (1) (c) of the Immigration Act, which provides for a fine not exceeding RM10,000, or a jail term of up to five years, or both, and with whipping upon conviction.

The court ordered all three, who were unrepresented, to serve their jail sentences under the Firearms Act to run consecutively with their jail terms for offences under the Immigration Act.

The facts of the case stated that during a police operation at the said place, a car, which had five persons inside, was stopped for inspection.

Three of them (the accused persons) failed to produce their valid travel documents to the police. Police also conducted a body check on them and the car and found a bag which contained the pistol and the bullets. Six of the bullets were loaded in the bullet chamber of the revolver.

Investigations revealed that the five persons, including the three accused, were from Semporna heading to Kota Kinabalu and the owner of the bag was Abdun Nahar.

Abdun Nahar admitted that he brought the pistol from Bongao and entered Kampung Bangau-Bangau in Semporna using a boat, and the purpose of bringing the pistol was for his safety while travelling from Bongao to Sabah waters. Also with him in the boat were Agul and Abbam.

In mitigation, Abdun Nahar and Agul, who hail from Kampung Kasayangan, Bongao and Abbam of Kampung Luuk, Sulu in Philippines, prayed for a light sentence saying that they did not know about the laws in Malaysia and what they had done was illegal.

They also said that their purpose of entering Sabah was to look for jobs as they have a family to support in the Philippines.

In reply, the prosecution urged the court to impose the maximum sentence on each of the accused persons. The prosecution submitted that the trio were coincidently arrested during the road block at the said place and that they had entered Sabah by sea with eight other people and landed in Semporna on November 19 this year.

The prosecution contended that it showed they could easily enter Sabah waters and the whereabouts of the other eight persons were not known.

The prosecution also urged the court to take into account the recent incidents in Tanduo, Lahad Datu and the murder/abduction of Taiwanese tourists in Pom-Pom Island, Semporna.

Apart from that, the prosecution urged the court to take judicial notice on the rampancy of shooting incidents in Malaysia which happened quite recently.

Senior Federal Counsel Jamil Aripin and deputy public prosecutor Effizah Ernie Idris appeared for the prosecution.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

Local goes to jail after failing to pay fine for drug abuse

Posted: 29 Nov 2013 10:07 AM PST

LAHAD DATU: A local man was fined RM5,000 in default nine months' imprisonment by the Magistrate's Court here yesterday for drug abuse.

Kassim Ahmad, 31, was fined after he pleaded guilty before Session Court Judge, M. Rajalingam, who sat as Magistrate to a charge framed under Section 15 (1) (a) of the Dangerous Drugs Act 1952.

Inspector Mohamad Soffi, who led the prosecution told the court that the accused was arrested by the Lahad Datu narcotics unit on July 23 this year at the district narcotics office.

A urine test performed on the accused found that his urine sample contained methamphetamine (syabu).

The court ordered the accused to serve the nine months' imprisonment as he failed to pay the fine and ordered him to be placed under police supervision for three years after serving his sentence.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

Semporna man faces trial for harbouring illegals

Posted: 29 Nov 2013 10:06 AM PST

KOTA KINABALU: A local man from Semporna will stand trial in the Sessions Court here on March 20–21 next year for allegedly harbouring three illegal immigrants in a car driven by him.

Mad Sidek Hamjah @ Pisto, 32, who appreared before judge Azreena Aziz yesterday, was charged under Section 55E (1) of the Immigration Act 1959/1963. The indictment carries a fine of between RM5,000 and RM30,000 or a jail term of up to 12 months or both for each illegal immigrant, upon conviction.

The accused was alleged to have harboured three Filipinos, namely, Agul Basarah, 28, Abbam Arakam, 43 and Abdun Nahar Abdan, 26, in a car which he was the alleged driver, along Jalan Lintas near Taman Hilltop in Luyang at 4 am on November 21.

Mad Sidek, who was defended by counsel Sugumar Balakrishnan, was released on a bail of RM10,000 with RM5,000 deposited and two local sureties, pending disposal of his case.

Earlier, deputy public prosecutor Effizah Ernie Idris objected to bail on the grounds that the accused is involved in a serious case. She submitted that this case is related to the case of the three Filipinos who were charged under Firearms Act.

In reply, Sugumar argued that his client is a local man, adding that the charge framed against Mad Sidek did not relate to the case of the three Filipinos.

In a separate case, local Jaylan Muhammad Kassim, 23, will be tried on March 13–14 next year after he pleaded not guilty to a charge of raping a girl aged 18 at a house in a village in Papar on March 26, 2011.

He was charged under Section 376 (1) of the Penal Code which carries a maximum jail of 20 years and whipping, upon conviction. The accused was denied bail.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.