JUDGMENT

Christopher Chin Soo Yin JC:

The Charge

[1] Suhaini bin Toni (hereinafter referred to as "the Accused") was charged under s 26A of Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (hereinafter referred to as "ATIPSOM").

[2] The charge reads as follows:

"That you on 4 May 2019 at about 2000hrs at the Departure Hall, Gate 9, Kuching International Airport, in the district of Kuching in the State of Sarawak had carried out smuggling of migrants towards:

1) Sumon Khan/M/BGD/32 yrs/BX0676546

2) Atikur Rahman/M/BGD/22 yrs/BY0239882

3) Mohammad Faruk Hossain/M/BGD/29yrs/BN 0261808

and therefore you have committed an offence under s 26A of Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and shall, on conviction, be punished under the same Section and the same Act. Sentence: Be liable to imprisonment for a term not exceeding fifteen years and shall also be liable to fine, or to both".

[3] On the 9 March 2021 I ruled that the Prosecution had made out a prima facie case against the Accused and call upon him to enter upon his defence. The Accused chose, on the 5 May 2021, to give evidence under oath. My ruling on the prima facie case under s 180 of the Crim