The prosecution must prove guilt beyond reasonable doubt, and any reasonable doubt raised by the defense results in acquittal.

Noor Ruwena Md Nurdin J:

Introduction

[1] The Public Prosecutor has filed a Notice of Appeal on 31 January 2025 against this Court's decision on 17 January 2025 that had acquitted and discharged, Idris Bin Hassan, ("the Accused") from an offence under s 26A of the Anti Trafficking of Persons and Anti Smuggling of Migrants 2007 ("the Act") read with s 34 of the Penal Code .

[2] The amended charge against the Accused was as follows:

"Bahawa kamu bersama-sama dengan Ten Vuth (No. Passport 01818039) yang masih bebas pada 21 November 2020, jam lebih kurang 1.50 pagi di dalam van persiaran jenis Era Jinbei H2L No Pendaftaran TBT 6473, bertempat di KM70 Kampung Changkat Duku, Kati di dalam daerah Kuala Kangsar, Hulu Perak, di dalam Negeri Perak Darul Ridzuan, mencapai niat bersama telah menjalankan penyeludupan sepuluh (10) orang migran warganegara Kemboja iaitu:

1. Prak Noeurn, No Passport: N00740234

2. Ea Nim, No Passport: N00324844

3. Lin Than, No Passport: N00368163

4. Morn Nov, No Passport: N00051231

5. Oeun Sorn, No Passport: N00339273

6. Pen Ratha, No Passport: N00026084

7. Sat Sokkea, No Passport: N00090067

8. Moeng Bon, No Passport: N00388874

9. BrakLa, No Passport: N01904037

10. Sok Seyha, No Passport: N01096142

Oleh yang demikian, kamu telah melakukan satu kesalahan yang boleh dihukum dibawah s 26A Akta Anti Pemerdagangan Orang dan Anti Penyeludupan Migran 2007 dan dibaca bersama s 34 Kanun Keseksaan."

[3] In the present case, 2 persons including the Accused was charged under s 26A of the Act wherein the other accused, Ten Vuth, was a Cambodian national. Both of them were granted bail by the previous Judicial Commissioner. However, the first accused, Ten Vuth, was given a discharge not amounting to an acquittal on 23 February 2023 during a mention because he had been absent for many times prior to commencement of the trial and could no longer be located by the police. On 10 November 2021, the prosecution charged Zakaria Bin Ahmad and Roslan bin Mohamad Yusof in case number AB-45SOM-1 -04/2021 for an offence under s 26J of the Act. They pleaded guilty to the charge on 4 February 2022 and the previous Judicial Commissioner convicted and sentenced to them to 13 months imprisonment from the date of arrest on 21 November 2020.

[4] Trial commenced against the Accused on 23 August 2023 until completion. At the end of the prosecution case, upon a maximum evaluation of the prosecution case, the Court called for his defence. Pursuant thereto, defence was heard where altogether 3 persons including the Accused testified on his behlaf. At the end of the trial, the Court acquitted and discharged the Accused after finding that he had raised a reasonable doubt in his defence whereas the prosecution had failed to prove its case beyond a reasonable doubt against the Accused. The Court now gives its reasons in this Grounds of Judgment for holding the same.

The Prosecution Case

[5] The prosecution called 11 witnesses to prove its case. The order of the prosecution witnesses was as follows:

Komandan DepohTahanan Imigresen Langkap

[6] On 21 November 2020 at 1.50 am while SP1 was conducting a road block or Sekatan Jalan Raya (SJR) during COVID-19 at KM 70, Kampung is Changkat Duku, 33500, Kati, Perak, he and his team had inspected a van bearing registration number TBT6473 which was heading from Gerik towards Kuala Kangsar. SP1 saw 10 passengers at the back of the van which was driven by SP7, while SP8 was the latter's assitant sitting in front with the driver. They migrants were said to be travelling to Pantai Remis.

[7] Upon checking the travel documents of the 10 migrants ie passports, SP1 found that they were Cambodian migrants (hereinafter referred to as "Migrants 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10"). SP1 requested the van driver to produce the police authorisation letter to transport the migrants to their destination in Pantai Remis. However, upon checking their travel permits (surat kebenaran merentas negeri) SP1 found them to be irregular as the permits