KOTA KINABALU: The High Court here yesterday set aside the acquittal of a local man from a charge of attempting to traffic a Vietnamese woman last year.
Justice Dato’ Abdul Rahman Sebli allowed the prosecution’s appeal against the Sessions Court’s decision to acquit Wong Kouh Ming without his defence being called.
In his decision, Sebli held that the lower court was wrong in finding that no prima facie case had been established against the respondent.
He pointed out that in the first place the lower court had seriously misdirected himself when he said that this was a sexual offence when the fact is that it was human trafficking.
Sebli then ordered the case to be re-mentioned at the same court on September 19, this year for continuation of trial.
In the meantime, the court also issued a warrant for the arrest of Wong after the latter failed to turn up in the court for the hearing of the appeal.
The Sessions Court had on May 23 this year acquitted and discharged Wong without calling for his defence after ruling that the prosecution had failed to establish a case against him.
Wong is alleged to have tried to traffic the 24-year-old woman at a house in Jalan Bundusan, Penampang about 9pm on October 17, 2011.
The offence framed under Section 13 of the Anti-Trafficking in Person 2007 read together under Section 511 of the Penal Code provides for a jail term of between three and 10 years and is also liable to a fine upon conviction.
Deputy public prosecutor Uma Devi Balasubramaniam appeared for the appellant.