Back
ALASAN PENGHAKIMAN
[1] The 1st and 2nd accused were charged under
"Bahawa kamu di antara 2hb Januari 2010 hingga 14hb Januari 2010 bertempat di No 3, Jalan Cenderawasih 4, Taman Cenderawasih, 14300 Nibong Tebal, di dalam daerah Seberang Perai Selatan, di dalam negeri Pulau Pinang, telah memperdagangkan seorang kanak-kanak perempuan nama Low Ee Lin, no. sijil lahir: CG 41453, umur 4 tahun, bagi maksud eksploitasi di mana kamu telah melakukan suatu aktiviti yang menyalahi undang-undang iaitu kamu telah membuat pindaan hak ke atas kanak-kanak tersebut berlawanan dengan Seksyen 48 Akta Kanak-Kanak 2001, di mana kanak-kanak itu telah dipindah milik dari penjaga yang sah dengan balasan harga kepada Low Khim Cheng, KPT: 630815075609 dan Koay Seng Im, KPT: 700706075424. Oleh itu kamu telah melakukan kesalahan di bawah
s 14 Akta Anti Pemerdagangan Orang Dan Penyeludupan Migran 2007 dan dibaca bersama di bawahs 34 Kanun Keseksaan ".
[2] Both accused pleaded not guilty and the case went to trial.
Prosecution's Case
[3] The first investigating officer appointed to this case, Insp Norliana bt Wisli(SP 5) informed the court that on 24 December 2012 she received a police report lodged by one Badrul Alam, a Bangladeshi citizen residing in Malaysia. In this report the complainant alleged that his 40 day old baby had been sold at a price of RM4300 by his Indonesian wife named Fujiati to person or persons unknown. SP 5 realised the magnitude of this allegation and she immediately commenced investigations and recorded statements from a number of individuals. Sensing that this was a high profile "kes penyeludupan migran" (smuggling of migrants) a police task force was set up to investigate further on the matter As a result of this a number of arrests were made and 32 babies ranging from newborn babies to infants were rescued from various parts of Malaysia. Among those arrested were the adoptive parents of the babies as well as the 1st and 2nd accused.
[4] In this case Low Khim Cheng (SP 1) and his wife (SP 2) are a couple married for about 20 years but remained childless. They wanted to fill up the void in their marriage by adopting a baby. They came to know that the 2nd accused had a baby for that purpose. Both SP 1 and SP 2 went to the 2nd A's house in Nibong Tebal to see the baby in question. The couple liked the second baby that was offered to them and an agreement was soon reached between the 2nd accused and the couple on 2 January 2010. SP 1 in his evidence said that the 2nd accused asked for RM19,000 for the baby and this sum included obtaining the baby's birth certificate and other relevant documents. SP 1 agreed to that sum and he gave his wedding certificate and his I.C together with that of his wife's to the 2nd accused.
[5] On 4 January 2010 SP 1 paid a down payment of RM10,000 to the 2nd A and told the 2nd accused that he and his wife had settled on the name Low Ee Lin for the baby girl. In return the 2nd accused gave him a card (Exh P6) with details and particulars of the baby recorded on it. The baby was given to the couple on 4 January 2010. The balance of RM9000 was to be paid to the 2nd accused once the baby's birth certificate (Exh P7) and MyKid Card (Exh P8) were ready for collection.
[6] SP 1 said they looked after the baby without any interference until the police came knocking on their doorsteps on 12 January 2013 when he and his wife were arrested and the baby taken from them.
[7] When cross-examined SP 1 explained that he and his wife loved the baby and only wished to bring her up with love and care for her welfare. He recoiled when asked whether the purpose for adopting the baby was to injure her or to use her for any nefarious activities.
[7] SP 2 corroborated the evidence given by her husband. She showed the court entries in her diary whe
