Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the appellant's appeal against the decision of the learned Sessions Court Judge who had ruled that the prosecution has not established a prima facie case.

[2] The appellant was charged as follows:

That you, on the 17th day of November 2005, at about 9.30 p.m., at GOLD STAR SNOOKERIUM No. 318 & 319, 1st Floor, Section KTLD, Jalan Rubber, in the District of Kuching, in the State of Sarawak, was found employing one Indonesian Female namely DONY (F) 18 years old who was without any valid working permit and you thereby committed an offence punishable under s 55B of the Immigration Act 1959/1963 (Amended 2002).

[3]Section 55B(1) of the Immigration Act 1959/1963 (Act 155) (IA 1959/63) reads as follows:

Any person who employs one or more persons, other than a citizen or a holder of an Entry Permit, who is not in possession of a valid Pass shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than fifty thousand ringgit or imprisonment for a term not exceeding twelve months or to both for each such employee.

[4] The brief facts of the case relating to the charge can be garnered from the evidence of PW1 (Chief Inspector Mohammad Yarshar Abdullah) and the notes of evidence reads as follows:

PW1... On 17th November 2005 I was in Kuching. That day at about 9.30 p.m. I and a team of police from CID IPK Sarawak led by Chief Inspector Jailani conducted a raid and inspection at Gold Star Snookerium at 318 and 319 First Party, Section KTLD, Jalan Rubber, Kuching. When our team arrived at the Snookerium centre I saw many people playing snooker and a group of people were gambling Hoo Hey How or Holo. When I did inspection at the counter I found a female who was an Indonesian national by the name of Jessy working as a cashier. Also I found another female later known as Dony who was working as a waitress in the snookerium centre. After I asked them to show personal identification documents the female by the name of Jessy took out a Pass Lintas Batas whereas Dony failed to produce any valid travel document. I informed them of their offence. To Jessy I informed her that I was arresting her under s 51(3)(9A) Immigration Act and that I detained her under s 51(5)(b) of the same Act for contravening s 39(b) of the Immigration Act. As for Dony, I arrested her under s 6(1)(c) of the Immigration Act. Afterwards I asked both the females as to who managed the Snookerium Centre and both of them pointed to a Chinese man later known as Sim Kay Chay. At that time he was near the counter. I called Sim Kay Chay to come over to see me. I informed him of his offence and I arrested him under s 56(1)(d) of the Immigration Act for harbouring a foreign national. Sim Kay Chai is in the accused dock....

After I made the arrests my team and I brought the 3 arrestees back to the CID to make a report. I lodged a report. The report now shown to me is the report that I lodged. The report was made at Satok Police Station on 17.11.2005 at 10.00 p.m. I read the contents of the report....

[5] The next material witness to this case was the investigating officer, PW2 and his evidence in the notes of proceedings reads as follows:

PW2 "... I received the report made on 17.11.05 lodged by Chief Inspector Mohd Yahsar Abdullah regarding the arrests of 2 Indonesian females and the owner of the Snookerium Centre.... After I received this report I informed my superior at CID. The 2 female illegal immigrants are Jessy and Dony. What I know is that Jessy is an Indonesian national and she worked at the Snooker Centre. She possessed a Border Pass at the time of arrest. The other female was also Indonesian by the name of Dony. She also worked at the Snooker Centre and did not have any valid travel documents with her when she was arrested. The 2 female Indonesians have committed an offence. They were charged in Court. Jessy committed an offence of contravening th