KUALA LUMPUR: An Immigration officer was sentenced to eight years in prison and fined RM150,000 by the High Court for forging travel documents linked to Malaysia My Second Home (MM2H) for a Ni-Vanuatu man in 2022.
Assistant enforcement officer Shamsudin Ishak, 51, who is currently suspended from work, was found guilty of committing forgery involving a MM2H pass for Li Xingqiang from Vanuatu for the purpose of trafficking migrants, an offence he committed at the MM2H office at the Immigration Department in Putrajaya in June 2022.
Shamsudin's case is the first to be investigated and tried under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Atipsom) Act 2007.
High Court judge Justice Azhar Abdul Hamid imposed the sentence on Friday (Sept 12) after finding Shamsudin had failed to raise a reasonable doubt in his defence case.
“I have deliberated the defence case in its entirety and given a maximum evaluation as required by the law.
“I am satisfied with the finding that the accused had failed to raise reasonable doubt and the prosecution had successfully proven its case beyond reasonable doubt.
“The accused is found guilty as per the charge sheet and sentenced to eight years in prison, effective today, and fined RM150,000,” he said here.
Shamsudin was also ordered to serve an additional 12 months in jail if he fails to pay the fine.
The court, however, allowed his application to stay the execution of the sentence pending his appeal to the Court of Appeal.
Shamsudin was charged under Section 2E of Atipsom, which provides a maximum 15 years' imprisonment and a maximum fine of RM500,000, or both, if convicted.
The trial began in November 2022 with 14 prosecution witnesses and two defence witnesses called to the stand to testify.
On March 7, the High Court ordered Shamsudin to enter his defence on the charge after finding the prosecution had proven prima facie in the case.
