The prosecution must prove guilt beyond a reasonable doubt; failure to establish the defendant's knowledge of smuggling resulted in acquittal.

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