KOTA KINABALU: The High Court here yesterday substituted a Pakistani man’s sentence of RM7,000 fine with 12 months in jail for possession of fake travel documents.
Judicial Commissioner Gabriel Gumis meted out the sentence on Ahmad Hussain, 24, after allowing criminal revision by the deputy public prosecutor (DPP) Dominic Chew, yesterday.
In his decision, Gabriel held that the fine imposed on the respondent by the lower court here was grossly inadequate and taking into account the case which is rampant in Sabah.
Earlier, DPP Dominic urged the court to impose the jail sentence on Ahmad Hussain taking into account the seriousness of the offence and public interest.
Dominic said that the offence had tarnished the good image of Sabah and a reflection on the Immigration Department that passes documentation could be obtained easily.
He added that foreigners who came into the State using such means would get a job here as well as conduct a business which could adversely affect the livelihood of the locals in Sabah.
Dominic also said that a deterrent custodial sentence would be a lesson to the respondent and the would-be offenders.
In reply, counsel Ram Singh, who represented the respondent, pressed the court to maintain the current sentence and not imprisonment as the parliament intended for fine to be imposed first.
Ram said that his client’s family members, who were present in court, claimed that they had met an agent to assist them in getting a proper permit from the Immigration Department.
However, the so called valid pass, which they had paid RM7,000 for it, had caused his client, who pleaded guilty to the charge, to end up in custody and was brought to the court.
Ram insisted that aside from his client, who was the only one suffering in the case, other persons who were involved such as the agent and the Immigration Department should also be considered.
Ram, who was assisted by Timothy Daut, also said that the offence is not rampant in Sabah based on the Statistics which stated that only three similar cases were recorded.
Ahmad Hussain was first charged on June 19 this year, under Section 56 (1)(k) of the Immigration Act 1959/63 punishable under Section 56 (1)(aa) of the same Act which provides for a maximum fine of RM10,000 or a jail term of up to five years, upon conviction.
He was arrested for having Multiple Entry Visa with fake details, which stated that he was married to one Jenalisa Abdu Rasad, 30, at the Immigration Department here on May 11.
The court also ordered the fine which had been paid to be refunded and Ahmad Hussain referred to the Immigration Department after serving his (Ahmad Hussain’s) jail sentence.
Meanwhile, Ahmad Hussain is currently charged with another case for using forged travel documents, which will be heard on July 21 this year.
The indictment was framed under Section 471 of the Penal Code which provides for a jail term of up to two years or a fine, or both, upon conviction.