PUTRAJAYA: The Court of Appeal on Friday (Dec 3) upheld the eight-year prison sentence imposed on four Indonesian nationals for trafficking 29 migrants into Malaysia.
A three-judge panel, consisting of Justices Datuk See Mee Chun, Datuk Azman Abdullah and Datuk Azmi Ariffin, dismissed the appeals filed by the four men, who had sought a reduction in their jail sentences.
"We find that the appeal has no merit. There is no error in the High Court’s decision in imposing the eight-year prison sentences, which fall within the trend of sentencing," said Justice See, who led the panel.
She ordered the four men - Zali Saad, 46, Tengku Mohd Bashah Tengku Husin, 34, Adi Bastian Bustami, 50, and Mohd Yusof Husin, 40, - to begin serving their sentences from Jan 26, 2023, the date of their arrest.
The four men had pleaded guilty in the Shah Alam High Court on June 11, 2023, to a charge of smuggling the migrants aboard an unregistered fibreglass boat about 3.4 nautical miles from Tanjung Rhu, Sepang, Selangor, at 10.30pm on Jan 26, 2023. They were each sentenced to eight years in prison.
They appealed to the Court of Appeal, seeking a reduction in their sentences.
The facts of the case revealed that personnel from the Malaysian Maritime Enforcement Agency (MMEA), who were conducting operations in the waters of the Straits of Melaka and Negeri Sembilan, discovered the four men along with three Myanmar nationals and 26 Indonesians aboard a boat attempting to enter Malaysia illegally.
During the appeal, lawyer Collin Arvind Andrew, representing the four men, argued that the eight-year prison term was manifestly excessive and requested the court to reduce the sentence to six years.
However, Deputy Public Prosecutor Eyu Ghim Siang countered, asserting that the eight-year sentence was appropriate and in line with established sentencing trends for such offences. - Bernama
