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.