KUCHING: The Federal Court here on Wednesday (Feb 25) has upheld the release of a 58-year-old man on a bond of good behaviour for three years after partly allowing the prosecution’s appeal against his sentence for conveying undocumented migrants in 2022.
A three-member panel comprising Datuk Rhodzariah Bujang, Tan Sri Ahmad Terrirudin Mohd Salleh and Datuk Lee Swee Seng ordered that the respondent, Budie Umbi, remain on bond for three years from Feb 5, 2024.
The court further ordered him to report to the nearest police station once a month and to deposit RM5,000 as bond.
The appeal was brought by the public prosecutor, who was dissatisfied with the form of the High Court’s sentencing order.
On Feb 5, 2024, the High Court had sentenced Budie to two years’ imprisonment after he pleaded guilty to an amended charge under Section 26J of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 for conveying nine undocumented Indonesian migrants.
However, the prison term was suspended on a bond of good behaviour for three years, subject to conditions, including monthly police reporting and a RM5,000 deposit.
The order also stated that the two-year jail sentence would take effect if he reoffended within the bond period.
The prosecution appealed to the Court of Appeal, arguing not against the leniency of the sentence, but against the wording of the order, contending that it created a sentence “unknown in law” as it combined imprisonment with a bond.
The Court of Appeal amended the order to clarify that the suspension was made pursuant to Section 294 of the Criminal Procedure Code, effectively recognising it as a lawful suspended sentence.
In his submissions before the apex court, counsel Simon Siah maintained that the sentence imposed by the High Court was lawful and properly exercised.
The High Court had taken into account that Budie was a first-time offender, had pleaded guilty at the earliest opportunity, and had shown remorse.
The court also noted that the offence did not involve violence, weapons or physical harm, and that he was not involved in planning the migrants’ illegal entry into Sarawak.
He had merely agreed to transport them to the Serian Bus Station after they had arrived at his longhouse.
Mitigation also highlighted his poor health and personal circumstances.
His wife suffers from heart disease and requires regular treatment at the Sarawak General Hospital, while he himself has breathing difficulties, high blood pressure and kidney problems, and depends on a Continuous Positive Airway Pressure (CPAP) machine to sleep.
The High Court observed that there was no indication that prison facilities could accommodate his medical needs, particularly the requirement for a power source to operate the CPAP machine.
It was also submitted that since his release on bond two years ago, Budie has not committed any further offences and has complied with all reporting requirements.
