An elated Tan Cheng Kok (right) with his lawyer Datuk Seri K.Rakhbir Singh after the Kota Kinabalu High Court's decision yo uphold the Sessions Court's acquittal of his case.
KOTA KINABALU: The Kota Kinabalu High Court upheld the Sessions Court's acquittal of a retired police officer for illegally employing a foreigner at his reflexology outlet in Inanam here.
Tan Cheng Kok, 66, who served as a police prosecutor in Sabah and Labuan during 30 years of service in the force, defended a prosecution appeal in the High Court against the May 24, 2024, Sessions Court's decision to acquit him on the Immigration charge.
Justice Dr Lim Hock Leng, after considering the submissions, dismissed the prosecution’s appeal, effectively reaffirming the Sessions Court’s decision to acquit Tan of the charge.
In June 2022, Tan was arrested for employing a male foreigner without a valid work pass at his reflexology business, Tung Fung Reflexology Centre, at the Taipan Inanam complex here.
He was charged under Section 55B(1) of the Immigration Act 1959/63, which carries a penalty of a fine between RM10,000 and RM50,000 or up to 12 months’ imprisonment or both.
However, the Kota Kinabalu Sessions Court Judge acquitted Tan, citing no prima facie evidence at the end of the prosecution's case.
The prosecution led by Syarifah Nursyuhada Tuan Mamat, appealed against the acquittal to the Kota Kinabalu High Court.
At the High Court, Tan, who was represented by counsel Datuk Seri K. Rakhbir Singh, among others, argued that Tan was not given his legal right to be present during the deposition-taking of the foreign witness before a Magistrate.
Rakbir submitted to the court that Tan received a formal notice to attend the deposition taking of the foreigner but was instead asked to wait outside the courtroom while the deposition was being taken before a Magistrate.
The prosecution argued that there was no legal necessity for Tan's presence in the recording of the statement of the foreign witness before the Magistrate.
Justice Lim, after considering the submissions, dismissed the prosecution’s appeal, and reaffirmed the Sessions Court’s decision to acquit Tan.
Following the decision, Tan thanked the High Court Judge for upholding justice in his case.
Apart from serving as police prosecutor, Tan also served as a disciplinary officer and also with the General Operations Force (GOF) before he retired in 2008.
