SENTENCE ON FILIPINO SET ASIDE

By : ADRIAN NANDU

LABUAN: The High Court here set aside the conviction and sentence of four months’ jail and two strokes of the cane imposed by a lower court on a Filipino convicted of entering the state illegally.

Justice Datuk David Wong Dak Wah yesterday granted an application for criminal revision by Halim Hausalin Ismail for the sentence imposed by the Sessions Court to be set aside.

The Sessions Court had on April 3 this year sentenced Halim to four months’ jail and ordered him to be whipped twice after the latter pleaded guilty to entering the state illegally.

He was convicted under Section 6 (1) (c) of the Immigration Act 1959/1963 which carries a fine not exceeding RM10,000 or a jail term of up to five years, and whipping of not more than six strokes of the cane.

In his criminal revision, counsel P.J Perira, who acted for the applicant, told the court that the latter’s Philippine passport was still valid when the court imposed the sentence on him.

He pointed out that the applicant hold a valid passport with Multiple Entry Visa till May 9, this year.

Perira said that he had written to the Sabah director of the Immigration and has confirmed that the Multiple Entry Visa issued to the said passport is valid and will expire on May 9, this year.

He also submitted that the applicant was unable to produce the said passport when the police arrested him in Labuan.

At that time, Perira said, the applicant was under the influence of alcohol.

Furthermore, he said, the applicant had informed the police that the said passport was kept at his uncle’s house during his visit to Labuan but was not given a chance to produce the said passport.

Thus, he said, the court should set aside the applicant’s conviction and sentence.

Deputy public prosecutor Raja Zaizul Faridah Raja Zaharuddin agreed with the sentence to be set aside but applied for the applicant to be referred to the Immigration Department for further action as his passport had expired on Wednesday.

After hearing the submissions of both parties, the court set aside Halim’s conviction and sentence and ordered the latter to be referred to the Immigration Department. (theborneopost)