HIGH COURT SABAH & SARAWAK TAWAU
PP – Appellant
Versus
ANSAR SAKKA – Respondent
| Table of Content |
|---|
| 1. charges against the accused involve providing a speedboat for smuggling. (Para 1 , 2 , 4) |
| 2. overview of charges and evidence. (Para 3) |
| 3. prosecution relies on inconsistent witness statements. (Para 5 , 9 , 12) |
| 4. witness testimonies conflicting regarding the boat's identity. (Para 6 , 7 , 10) |
| 5. discussing the evidential burden on prosecution. (Para 13 , 14) |
[1] The accused Ansar Sakka was charged under s 26I of the Anti- Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 ("ATIPSOM") for providing material support or resources ie a dark blue speedboat with Lamborghini sticker and the wordings 'Merecik Hawau' at the front part of the boat to aid the receiver or any other person to engage in conduct constituting the offence of smuggling of migrants.
[2] Based on the evidence adduced by the prosecution, it was the prosecution's case that the accused had provided the speedboat to Adriansyah Abbas ("PW3") and Mansur Umar ("PW4") for the purpose of transporting illegal immigrants from a place called Ice Box to Sungai Nyamuk within the territory of Indonesian waters. Both PW3 and PW4 were earlier jointly charged under s 26A of the ATIPSOM for the smuggling of th
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