09-07-2025
Immigration officer given DNAA in Serian illegal immigrants smuggling case
Mohamad Farihan is flanked by Steven (right) and Gerald after proceedings at the Kuching Court Complex today.
KUCHING (July 9): The High Court here today granted a discharge not amounting to acquittal (DNAA) to an Immigration officer on a charge of smuggling 20 Indonesian immigrants into the country over two years ago.
Judicial Commissioner Zaleha Mohd Yusuf Pan made the ruling after the prosecution applied for the charge against Mohamad Farihan Abdullah, 43, to be withdrawn.
Mohamad Farihan was charged under Section 26B of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670).
The Section carries an imprisonment term of between three and 20 years. In certain cases, the offender may also be sentenced to life imprisonment or a minimum of five years in jail, and may be subject to caning.
Mohamad Farihan was accused of smuggling 10 women and 10 men from Indonesia, aged between 23 and 64, at the Tebedu Immigration, Customs, Quarantine and Security (ICQS) Complex in Serian at 9am on Feb 7, 2023.
It is understood that Mohamad Farihan, through his lawyers Steven Beti and Gerald Empaling Donald, had submitted a representation to the Attorney General's Chambers (AGC) to have the charge against him withdrawn.
In the representation, Mohamad Farihan's lawyers, among other things, stated that there was no strong evidence linking him to the case.
Deputy public prosecutor Kong Siew Chuo appeared for the prosecution. Kong Siew Chuo Kuching High Court lead Zaleha Mohd Yusuf Pan
