KOTA KINABALU: A fisherman faces a fine of up to RM30,000 or a year’s jail or both, if the Sessions Court finds him guilty of allowing illegal immigrants to remain on his boat.
Abdul Kasme Hussin, 35, denied the charge of harbouring the immigrants on June 8 in Kota Kinabalu waters, after being charged under Section 55E(1) of the Immigration Act 1959/63.
Following his plea of not guilty, the accused was released on RM10,000 bail and with RM5,000 deposited in two local sureties, pending case management on July 4.
In addition, Abdul Kasme was also charged under Section 26(1)(a) of the Fisheries Act 1985, with allegedly fishing with explosives or poisons.
Together with his crew members, Sonil Kaboh, Raj Kinarih and Jinardo Amildon, Abdul Kasme pleaded not guilty to the charge, which is punishable with a fine of up to RM1 million for Kasme as the owner or master of the vessel, and up to RM100,000 for each member of the crew.
On this charge, Kasme was released on RM10,000 bail with RM5,000 deposited in two local sureties, while the other accused persons were further remanded.
In mitigation, defence counsel Dominic Chew pleaded to judge Azreena Aziz to show leniency as his client is married with three kids and has no fixed income.
Meanwhile, Raj and Sonil were ordered by the same court to serve five months behind bars for illegal entry, while Jinardo was given a four-month jail sentence.
The trio pleaded guilty to separate charges under Section 6(1)(c) of the Immigration Act, which carries a fine of up to RM10,000 or imprisonment which may extend to five years or both, in addition to whipping of not more than six strokes.
Raj, Sonil and Jinardo were also given one stroke of the cane each, for entering the State illegally on June 8.
Two other men, Rahim Pawaki and Atta Sajid, were each fined RM4,000 by the same court for committing a similar offence. They were found in KK waters on June 5 between 10.30 pm and 11.45 pm.
If they fail to pay the fine, they will have to serve four months’ jail, in default. Both men were represented by lawyer Marzuki Spawi.
Upon serving their sentences and paying their fines, all the illegal immigrants were ordered to be referred to the Immigration Department.