Prosecution must prove beyond reasonable doubt the accused's involvement in the crime; mere presence does not suffice.

[1] The accused, Kee Yeoh Seong, was charged under the Anti-Trafficking In Persons and Anti-Smuggling of Migrants Act 2007 with the following offence:-

Bahawa kamu, antara 2 September 2015 jam lebih kurang 7.00 malam hingga 4 September jam lebih kurang 6.00 petang di Pelantar Boo Thing Fishery, Lot 9130 (Kilang Ikan) Jalan Tepi Sungai, Hutan Melintang, di Daerah Hilir Perak, di dalam Negeri Perak Darul Ridzuan, telah melakukan penyeludupan migran terhadap M Zakir (No Paspot: Tiada, Warganegara: Indonesia) Oleh yang demikian kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah s 26A Akta Anti Pemerdagangan Orang dan Anti Penyeludupan Migran 2007."

[2] The prosecution called a total of 18 witnesses to establish the charge against the accused. The learned deputy public prosecutor in his opening address stated that it was the case for the prosecution that the accused had knowingly assisted one M Zakir, an illegal migrant, to exit the country unlawfully by permitting him to stay at his fish factory until he (the accused) could make the arrangements for his boat to take M Zakir back to Indonesia.

Evidence Of Prosecution Witnesses

[3] The key prosecution witness in this case was M Zakir himself. His evidence was that sometime in August 2015, he decided to return to Indonesia after working several years in Taiping. He contacted one Mudin as he had no valid travel documents, and was asked to come to Kuala Lumpur On 1 September 2015, he arrived in Kuala Lumpur and was picked up at Pudu Raya by one Kak Ani, who took him to her house. He paid her a sum of RM 1,000.00 to make the necessary arrangements for his return to Indonesia.

[4] The next day, ie on 2 September 2015, he and several other Indonesians were driven in two cars to Boo Thing Fish Factory ("the fish factory"), in Hutan Melintang, the factory mentioned in the charge. There he met "6 lelaki Flores" and was informed by Kak Ani that the lelaki Flores would make the arrangements for a boat to take him back to Indonesia. He and the other Indonesians were asked to stay in the two rooms on the first floor of the fish factory until it was safe for them to make the trip back to Indonesia. His departure date was postponed several time by the lelaki Flores and this frustrated him. During their stay at the fish factory, they were provided magi mee for their meals by SP14 Koo Ling Chin.

[5] On the morning of 4 September 2014, the lelaki Flores notified him that a boat was available, but a few hours later he was told that he had to wait another day. At this point he demanded that he be allowed to phone Mudin to arrange for Kak Ani to pick him up from fish factory as he was unhappy with the delay. He was incensed when his request was denied and threw a tantrum. At this point, SP14 came there to inquire what was happening. He elbowed SP14 in the chest and a scuffle broke out.

[6] In the midst of the scuffle, the accused and others appeared and tried to help SP14. The accused punched him. Fearing for his life as he was outnumbered, he fled the fish factory with the other Indonesians He lodged a police report which eventually led to the arrest of the accused.

[7] In cross examination, M Zakir was asked and accepted that the accused was not involved in any part of the arrangements to smuggle him back to Indonesia. He also accepted that in this connection, he only dealt with Mudin, Kak Ani and the lelaki Flores He did not know the accused and that the first time he met the accused was dur