Datin Freda Sabapathy (second left) speaking to Sian Ming Siang, 41, (second right) and Mohd Azlan Sarimin, 41, (right) outside the courtroom at the High Court in Johor Baru.
JOHOR BARU: The happiness of two coconut plantation workers, Sian Ming Siang and Mohd Azlan Sarimin, being acquitted of smuggling nine illegal immigrants three years ago was short-lived when they were remanded again after the prosecution appealed the case under the Security Offences (Special Measures) Act (Sosma).
Under the provision of Section 30(1) of the act, the deputy public prosecutor applied for the remand of Sian Ming Siang, 41, and Mohd Azlan Sarimin, 41, until the final appeal process in this case is exhausted.
Both men and their families, some in tears, looked shocked with the decision to remand the duo despite being acquitted by the high court.
Earlier, High Court judge Suriyati Hasimah Mohd Hashim acquitted the two men after finding that the prosecution had failed to prove a prima facie case against both accused.
In her judgement, Justice Suriyati said both accused are acquitted and discharged without being called to enter their defence against the charge.
Both men allegedly committed the offence between 2am and 5am on March 30, 2021, in Pontian.
The offence was under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (Atipsom) 2007, which carries a jail term of up to 15 years, or a fine, or both upon conviction.
The case was prosecuted by Deputy Public Prosecutors R. Kodesviary and Mohamad Afdhallan Syafiq, while both accused were represented by Datin Freda Sabapathy and K. Sarawanakumar.
Kodesviary then applied for a temporary detention for both of the accused under Section 30(1) of the Security Offences (Special Measures) Act 2012 or Sosma, for the completion of legal proceedings.
Section 30(1) of Sosma states that if the court acquits an accused of a security offence, the public prosecutor may make an application to the court for the accused to be remanded in prison pending a Notice of Appeal to be filed against his acquittal.
Freda, in her objection, said that there is no evidence against them as a full trial had already been completed.
The court then allowed both accused to be remanded pending the filing of the Notice of Appeal.
It was learnt that both Sian and Mohd Azlan have been remanded in Ulu Choh Remand Centre since March 30, 2021.
