Malaysian detainee in Japan already charged, MHO raises consular notification issue


KUALA LUMPUR: A Malaysian detained at the Toyamanishi Police Station in Japan for allegedly being involved in an online fraud syndicate was charged in a Japanese court last month and pleaded guilty to two charges.

Malaysian International Humanitarian Organisation (MHO) secretary-general Datuk Hishamuddin Hashim said the charges against Muhammad Faiq Zafran Mohd Jailani, 23, were brought under Articles 246 and 60 of the Japanese Penal Code.

He said Article 246 relates to the offence of fraud, where a person deceives another into handing over property or financial benefits, while Article 60 concerns offences committed jointly.

"Based on these two provisions, the maximum sentence can be up to 10 years’ imprisonment.

"To date, sentencing has not been imposed and a decision is expected in March,” he told a press conference here on Friday (Feb 13).  Also present were the victim’s mother, Noor Zuhaini Ismail, and his father, Mohd Jailani Ambak.

Hishamuddin said an additional charge is expected to be filed against the youth on March 12.

Hishamuddin said his organisation had earlier believed that Muhammad Faiq was still under investigation, but was informed by legal aid lawyers in Japan that two charges had already been filed and guilty pleas recorded.

Meanwhile, Hishamuddin said that during his meeting with Malaysia’s Deputy Chief of Mission in Japan, Zainal Azlan Mohd Nadzir, on Feb 4, the embassy confirmed it had not been informed of the arrest and only learned of the matter through media reports and Wisma Putra.

"Had notification been made earlier, the family would have had the opportunity to appoint a private lawyer to examine the facts of the case before any guilty plea was recorded,” he said.

Accordingly, Hishamuddin said MHO is seeking the intervention of the Malaysian government, particularly Wisma Putra, to help obtain a detailed explanation of the legal process being faced by Muhammad Faiq Zafran.

He said the intervention is not intended to challenge Japan’s legal system, but to ensure that consular rights and access to proper legal defence are upheld.

Bernama had reported that Noor Zuhaini lodged a police report on Nov 30 last year after failing to contact her son since Nov 19, before the matter was referred to Wisma Putra on Dec 8.

Efforts to trace the youth eventually led to the discovery that Muhammad Faiq was being detained at the Toyamanishi Police Station in Japan for his alleged involvement in an online fraud syndicate. — Bernama

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