KOTA KINABALU: Four stateless students, believed to be Palauh or sea nomads, were charged with illegal entry into the state.
The four - Mohd Mansul Ajjili, 20, Jolina Julkipli, 21, Jay Jeriko Omar, 20, and Mohd Haykal Nukiman Zulkifli, 22, all from Semporna district, pleaded not guilty before Sessions Court Judge Hurman Hussain after the charges were read to them on Tuesday (March 31).
The four who are students of an alternative learning centre here, were detained during a recent raid when they failed to produce proper documents, but were later released on police bail pending charges in court.
Following their not guilty plea, Jolina, Jay and Haykal, who had sufficient supporting documents proving they were born in Sabah, were granted a RM2,000 bail with one local surety respectively, and ordered to report to the Semporna police station once a month.
The surety must be a family member or a person who has made a statutory declaration stating that the three were born in Sabah.
Mansul, who could not produce the needed documents, was further remanded.
However, the court clarified that it neither granted nor denied bail for Mansul at this stage, as it was allowing sufficient time for him to present evidence proving he was born in the state.
The court set April 30 for pre-trial case management.
Earlier, prosecuting officer Inspector Deanivo Sittin objected to bail on the grounds that the accused did not have proper documents.
Counsel Sherzali Herza Asli tendered several statutory declarations in court to show that three of the accused were born in Sabah.
Sherzali also submitted that two of the three accused persons’ mothers were Malaysians and further informed the court that the only way to confirm that they were the children of the women was through DNA testing.
He argued that Section 6(1)(c) of the Immigration Act, (entering the state without documents) could not be used to charge or convict stateless persons.
During the proceedings, he referred to the Chief Minister’s statement that the government would protect the Bajau Laut, but enforcement action continues against those without documents.
