Frederick (second right) and his two clients (both seated) at the Kuching courthouse
KUCHING: Two self-employed men have claimed trial to a charge of smuggling into the state six Indonesians last December.
Johny Belikau Bari, 36, and Lincoln Lim Sio Fei, 31, yesterday appeared before High Court Judge Dr Alwi Abdul Wah who released them on RM5,000 bail each in two sureties pending case management on March 25 this year.
The duo was ordered to report to the nearest police station every fortnight and surrender their international passports to court.
They allegedly committed the offence by ferrying the Indonesian visitors on a sports utility vehicle (SUV) at 11.15pm on Dec 17, 2020 at an oil palm plantation in Ensawang, Lubok Antu.
The offence under Section 26J of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Atipasom Act 2007) carries a maximum jail sentence of five years or a fine of up to RM250,000 or both, upon conviction.
Earlier on, DPP Nadratun Naim Mohd Saidi told the court to deny them bail because they had allegedly committed a breach of national security, an offence that is listed in the first schedule of the Security Offences (Special Measures) Act 2012 (or Sosma).
However, defence counsel Frederick Sabungkok pleaded that the offence was the least serious under Section 26 of the Atipasom Act 2007.
He even cited legal authority and precedent involving the Federal Court case of Koh Chin Wah and Section 26A of the Atipasom Act 2007 to justify that the offence was bailable.
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