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Pakistani jailed after admitting giving RM12,500 bribe to immigration officer to help 21 overstaying foreigners leave Malaysia

Pakistan national Muhammad Irfan (left) arrives at the Duta court complex in Kuala Lumpur December 11, 2020. ― Picture by Firdaus Latif
Pakistan national Muhammad Irfan (left) arrives at the Duta court complex in Kuala Lumpur December 11, 2020. ― Picture by Firdaus Latif

KUALA LUMPUR, Dec 11 ― A Pakistan citizen today pleaded guilty to giving a RM12,500 bribe to an immigration officer to arrange for 21 foreigners who had overstayed in Malaysia to slip out via the KLIA airport without having to face legal action.

Muhammad Irfan, 34, was unrepresented but said he understood Bahasa Malaysia and the charges read out to him.

With both the main charge and the alternative charge read out to him, Irfan chose to plead guilty to the alternative charge which carried lower penalties.

According to the facts of the case that was read out in court, Irfan had on November 15 via Whatsapp contacted immigration officer Muhamad Faizal Ahmad who was actually also an undercover agent for the Malaysian Anti-Corruption Commission (MACC), to ask for the latter’s help to release 20 Pakistan citizens and one Bangladesh citizen who had overstaying offences to return to their home countries through KLIA and also offering via Whatsapp a bribe amount to the latter.

Based on the facts, the immigration officer on November 16 lodged an official complaint with the MACC regarding the offering of the bribe.

The immigration officer and Irfan then met on November 16 in the officer’s car in front of a restaurant in Precinct 8, Putrajaya on November 16 afternoon, with Irfan then giving the RM12,500 bribe to the immigration officer.

The MACC then arrested Irfan and seized the RM12,500 upon his giving of the money to the immigration officer.

Seen wearing a grey short-sleeved collared shirt with white stripes and a face mask, Irfan said he has been living in Malaysia for 10 years using a spouse visa and is married to a Malaysian with four children, repeatedly confirming to the judge that he understood the proceedings.

Throughout the proceedings, Sessions Court judge Rozina Ayob took great care to ensure that Irfan understood what was being said in court, and also explained what was being said.

In pleading for a lower sentence, Irfan said he works as a cloths seller and that he does not know the laws in Malaysia.

Noting that he was told by the immigration officer that he could send foreigners back to their countries, Irfan said he did not know if this was the right method or not, further saying that the MACC later arrested him.

“Yes, I did pay the money, but I don’t know if it was correct or not, when the MACC arrested me, only then I know this is not the correct way,” he said in BM.

The judge however pointed out that not knowing or ignorance of the laws is not an excuse, further receiving confirmation from Irfan that he did ask the immigration officer’s help to release the 20 Pakistan citizens and one Bangladesh citizen and that he knew the 21 foreigners had overstayed.

Irfan said this was his first offence and that he had attended court today personally, noting that he was the sole breadwinner for his family in Malaysia and his family in Pakistan.

Irfan also said his wife had just given birth two days ago with the child’s birth registration yet to be handled, and that his spouse visa was until November 29 and he has a December 18 appointment with the Immigration Department for his visa matters.

Deputy public prosecutor Mahadi Abdul Jumaat highlighted the severity of the case when asking for jail and fine on Irfan.

“The accused in this case is very fortunate because he was offered an alternative charge, but I ask the court to consider that this is a case of public interest.

“Because this case involves national security and sovereignty, and the accused in this case is a foreigner who dared to jeopardise matters relating to national sovereignty with the process to release 21 illegal immigrants who overstayed in this country, and as a lesson to the accused and also as a deterrent and message to the public, we at the prosecution ask for imprisonment and fine to be meted out on the accused to reflect the seriousness of this case,” he said.

The judge then handed down a 30-day jail sentence on Irfan from today, as well as a fine of RM10,000 or a further 30-day jail if Irfan is unable to pay.

Irfan is one of those nabbed in the special sting operation Ops Selat which busted a syndicate involving immigration officers. Luxury cars namely a Rolls-Royce Phantom, a Ford Mustang, a Range Rover and an Audi were reportedly seized during the operation.

On November 28, national news agency Bernama reported that 65 individuals have been arrested under Ops Selat, involving 39 immigration officers, 17 agents and nine civilians.

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