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RM100,000 fine for harbouring 20 illegals BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

RM100,000 fine for harbouring 20 illegals

Posted: 29 May 2014 09:22 AM PDT

by Natasha Sim. Posted on May 30, 2014, Friday

KOTA KINABALU: The Sessions Court here yesterday fined a local businessman a total of RM100,000 for allowing the presence of 20 illegal immigrants at his premises.

Arsid Patarusi, 32  pleaded guilty to two charges before judge Mohd Hafizi Abdul Halim who imposed a fine of RM5,000, in default, two months' jail for each illegal immigrant.

On the first charge, he admitted to permitting eight Indonesians and two Filipinos, aged between 17 and 54, to remain and occupy a restaurant, Warung Padang Jawa, Alamesra on April 10, 2012, between 2.50pm and 3.13pm.

The charge under Section 55E (1) of the Immigration Act 1959/63 carries a maximum fine of RM30,000, or up to 12 months' imprisonment, or both, for each illegal immigrant found at the premises.

On the second count, he admitted to permitting the presence of another 10 Indonesians, aged between 21 and 62, at a different restaurant, Rumah Daun Pisang, Alamesra, also on the same date.

Based on the facts of case, the accused was arrested on April 10, following an Immigration Department raid on both the premises belonging to the accused.

He had allowed the 20 foreigners, without valid documentation, to occupy and enter the premises.

In mitigating for leniency, the accused claimed to be a first-time offender and pleaded for a non-custodial sentence as imprisonment was not mandatory under the provisions of the charge.

In reply, prosecuting officer Shaiful Izuat of the Immigration Department asked for an appropriate sentence considering the seriousness of the offence.

Meanwhile, in another case, a Pakistani man was fined RM500, in default, one month's jail for violating a social visit pass while his employer was fined RM5,000, in default, two months' jail for permitting his stay at his premises.

Muhammad Wahab Fazal Wahab, 26, admitted to violating his social visit pass by working as a shopkeeper for Kedai Runcit Trio Putra Enterprise, Kampung Linsuk, Taman Bersatu, Putatan.

The offence is stipulated under Regulation 39b of the same Act, which carries a fine not exceeding RM1,000 or imprisonment not exceeding six months or both, on conviction.

During mitigation, counsel PJ Perira for the accused said he was a first-time offender, married to a local and had already applied for a business licence which was still pending.

His employer, Zulkifli Adnan, 53, pleaded guilty for allowing Wahab to occupy the premises as a worker, contrary to conditions of his pass which allowed only social visits.

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13 soldiers held over shooting

Posted: 29 May 2014 09:22 AM PDT

by Elton Gomes. Posted on May 30, 2014, Friday

KOTA KINABALU: Two more army commandos have been detained by police in connection with the shooting and death of a soldier in front of a 24-hour convenience store at Jalan Anggerik in Lahad Datu on Wednesday.

Sabah Police Commissioner Datuk Hamza Taib said the two soldiers had been held to facilitate police investigation into the death of Lance Corporal Mohd Fiffixezafey Mat Husin, 28, who succumbed to gunshot wounds on his left chest at Lahad Datu Hospital on following the 4.45am incident.

It is believed that Mohd Fiffixezafey was shot by one of the army commandos as the duo were trying to disperse a commotion in front of the convenience store located below an entertainment outlet where the two civilians were working as bouncers.

Several hours after the fatal incident on Wednesday, police apprehended 11 army personnel, including the suspect, and three civilians for questioning.

Police however released the civilians but decided to remand the remaining 13 army personnel for further investigation.

"Police have also seized 13 army weapons and the soldiers will be remanded until June 4 to assist in our investigation," he said yesterday, adding that the police were still investigating the motive behind the incident.

Meanwhile, Sabah Crime Investigation Department (CID) chief SAC Omar Mammah said the suspected soldier, who allegedly opened fire, did not go into hiding but had come to the police station with 10 other soldiers, all in their 20s and 30s, voluntarily to assist in the case.

Ommar also urged eyewitnesses of the incident to come forward to assist in the police investigation.

The case is being investigated under Sections 302 and 304 of the Penal Code for murder and attempted murder respectively.

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Liew to take LDP tussle to Federal Court

Posted: 29 May 2014 09:22 AM PDT

KOTA KINABALU: Former Liberal Democratic Party (LDP) president Datuk Liew Vui Keong is expected bring his legal battle on the legality of the current LDP leadership to the Federal Court.

Last Friday, the Court of Appeal here upheld the High Court's verdict in dismissing his application for leave for judicial review to revoke the Registrar of Societies' (ROS) decision on the legality of Datuk Teo Chee Kang's status as the president of the party.

The Court of Appeal held that the letter from ROS dated January 7, 2014, issued to Teo was purely an administrative decision and not a decision per se which was not subjected to a judicial review.

Liew was represented by counsels Datuk Rakhbir Singh and Roland Cheng, naming the ROS, Datuk Teo Chee Kang and Datuk Chin Su Phin as the first, second and third respondents who were represented by Senior Federal Counsel Rahazlan Affandi Abd Rahim, counsels Datuk Rhoderic Fernandez and Alvin Leong respectively.

On February 17 this year, the High Court had dismissed with costs Liew's application for leave and ordered him to pay RM2,000 to each of the respondents.

In a statement yesterday, Liew indicated his intention to contest the recent Court of Appeal's decision to the Federal Court.

"As I have said, many questions of law have arisen following the Court of Appeal's ruling that "the ROS's letter of Jan 7, 2014 is not a decision but rather an administrative decision that requires no judicial review by the court".

The former deputy minister in the Prime Minister's Department contended that many in the legal fraternity felt that this is too wide and has given not only the ROS, but government agencies, extensive power in their decision making.

Based on this decision, Liew said that ROS could take side on a political dispute and appoint a person, without going through a due democratic process, to be the head of a political party.

"Their (ROS) investigation cannot be opened up for scrutiny because the Court of Appeal seems to give a suggestion that since it is purely administrative and carried out internally, that is not a "decision per se". Hence, not subject to review.

"Even if we accept it as "an administrative decision", where is the remedy for anyone who is not happy with such "administrative decision," he asked.

According to him, the Court of Appeal's decision left many questions unanswered and many were, in fact, questioning the decision made as been unfair and unjust.

"It also leaves a big question mark if Teo's alleged ascendancy to LDP's top post, based on a letter from ROS, is valid in law or not because if ROS has not made a "decision" as what the Court of Appeal ruled, then who is the lawful president of LDP?"

"It therefore leaves me with no room but to seek justice in the Federal Court. I know it is hard and a difficult journey, but for the sake of justice, I am willing to bite the bullet, and go through all the way," he added.

Commenting on the recent decision by the current LDP supreme council to suspend six party's divisions aligned to his factions, Liew described it as a futile exercise beacuse none of the divisions were subject to Teo's jurisdiction.

"We therefore do not have to obey the order. Just ignore it, and carry on with our activities and programs for the people.

"The fact is clear that on March 29, 2014, a party election was held in Sandakan with the presence of more than 400 delegates and observers from 17 of the 31 LDP divisions. During the party election, a new line-up was elected by the delegates," he added.

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