[ ] Citara

[ ] Citara

The court accepted the admissibility of photographic exhibits via witness oral evidence under s.90A, admitted the accused's statement under SOSMA s.18A and the migrant's deposition under s.61A ATIPSOM; on maximum evaluation of prosecution evidence (CCTV, passports, boarding passes, accused's admission and migrant's deposition) all essential ingredients of Section 26A ATIPSOM were established—arrangement/assistance in unlawful exit, accused's knowledge or reasons to believe unlawfulness, migrant's non-citizen status and provision of assistance—therefore prosecution proved a prima facie case and the accused was convicted.

Citation
BA-45SOM-4-02/2020 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Citara
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 June 2022
Case Number
BA-45SOM-4-02/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Smuggling of Migrants (atipsom) / Trial Judgment (conviction)
Outcome
Convicted under Section 26A Akta Antipemerdagangan Orang dan Penyeludupan Migran 2007
Legal Topics
Smuggling of Migrants, Admissibility of Evidence, Depositions Under ATIPSOM, Statements Under SOSMA, Section 26 a ATIPSOM
Source Language
Malay/English
Criminal Law Immigration Law Security/antitrafficking Law Smuggling of Migrants Admissibility of Evidence Depositions Under ATIPSOM Statements Under SOSMA Section 26 a ATIPSOM

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Parties

Pendakwa Raya

Prosecutor

Citara

Accused

Procedural Posture

Criminal Smuggling of Migrants (atipsom) / Trial Judgment (conviction)

Legal Issues

  1. 1 Admissibility of photographs under s.90A Evidence Act
  2. 2 Admissibility of accused's statement under SOSMA s.18A
  3. 3 Admissibility of migrant's deposition under s.61A ATIPSOM without cross-examination

Ratio Decidendi

The court accepted the admissibility of photographic exhibits via witness oral evidence under s.90A, admitted the accused's statement under SOSMA s.18A and the migrant's deposition under s.61A ATIPSOM; on maximum evaluation of prosecution evidence (CCTV, passports, boarding passes, accused's admission and migrant's deposition) all essential ingredients of Section 26A ATIPSOM were established—arrangement/assistance in unlawful exit, accused's knowledge or reasons to believe unlawfulness, migrant's non-citizen status and provision of assistance—therefore prosecution proved a prima facie case and the accused was convicted.

Court Disposition

Convicted under Section 26A Akta Antipemerdagangan Orang dan Penyeludupan Migran 2007

Orders

  • Convicted under Section 26A ATIPSOM 2007