KUCHING: A married Indonesian couple was each sentenced to six months’ imprisonment by the Sessions Court here today (April 30) for entering Malaysia without valid travel documents.
Judge Musli Abdul Hamid handed down the sentence after the husband, Asmadi, 43, and his wife, Simplisiana Penni Guwea, 39, pleaded guilty to the charge under Section 6(1)(c) of the Immigration Act 1959/63, punishable under Section 6(3) of the same Act.
In addition to the jail term, the court ordered one stroke of the cane on Asmadi.
Under the law, the offence carries a fine of up to RM10,000, imprisonment of up to five years, or both, as well as whipping of up to six strokes.
The court ordered that upon completion of their jail term, both accused are to be referred to the Immigration Department for further action.
According to the facts of the case, the couple was apprehended at about 12:01 pm on April 17 along Jalan Pasir Hilir in Lundu by an enforcement officer from the 11th Battalion General Operations Force (GOF), Batu Kawa.
The enforcement officer detained the pair after they failed to produce any valid identification or travel documents during inspection.
Subsequent checks with the Immigration Department’s database revealed no record of their lawful entry into Malaysia.
Investigations confirmed that both accused had committed an offence under Section 6(1)(c) of the Immigration Act 1959/63 for being in the country without valid passes.
In mitigation, the couple, who worked at a local eatery, pleaded for leniency, citing that they have five children to support.
Deputy Public Prosecutor, Asmawi Nur Haqim Mokhtar, prosecuted the case. Both the accused were unrepresented.
