KOTA KINABALU: The High Court here has upheld the Sessions Court’s acquittal of a retired police officer for illegally employing a foreigner at his reflexology outlet.
Tan Cheng Kok, 66, who served as a police prosecutor in Sabah and Labuan during his 30 years on the force had at first been acquitted of the offence by the Sessions Court in May last year.
The prosecution then filed an appeal to the High Court.
After considering the submissions yesterday, Justice Dr Lim Hock Len dismissed the prosecution’s appeal.
In June 2022, Tan was arrested for employing a male foreigner without a valid work permit at his reflexology business at the Taipan Inanam complex.
He was charged under Section 55B(1) of the Immigration Act 1959/63, which carries a fine of between RM10,000 and RM50,000, up to 12 months’ imprisonment or both, upon conviction.
The Sessions Court acquitted Tan, citing the prosecution’s failure to prove a prima facie case.
The prosecution led by Syarifah Nursyuhada Tuan Mamat appealed to the High Court.
At the High Court, lawyer Datuk Seri K. Rakhbir Singh argued that his client was not given his legal right to be present during the deposition-taking of the foreign witness before a magistrate.
Rakhbir submitted to the court that Tan had received a formal notice to attend the deposition but was instead asked to wait outside the courtroom.
The prosecution argued that there was no legal necessity for Tan’s presence during the deposition.
After considering the submissions, Justice Lim dismissed the prosecution’s appeal and reaffirmed the Sessions Court’s decision to acquit Tan.
Apart from his role as police prosecutor, Tan also served as a disciplinary officer and was attached with the General Operations Force before retiring in 2008.
