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MyKad sale : Defence team objects to transfer case to High Court


Last Update: 18/09/2019




GEORGE TOWN, Sept 18  -- The defence team of six individuals including the Penang National Registration Department (NRD) assistant director who are facing 32 charges in connection with the issuance and sale of MyKads to foreigners, today submitted its objection to transfer the case to High Court.

Counsel Mohd Hisham Nazir who is representing Penang NRD assistant director, Mohd Faizul Arifin, 34, wanted the case to remain with the Sessions Court after deputy public prosecutor Yusaini Amer Abdul Karim applied for the case under Section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (ATIPSOM) Act 2007 to transfer the case to the High Court.

“The counsels object the application of the deputy public prosecutor to transfer the case to High Court. We are applying to the court to allow the objection and seek a date to hear arguments for the objection,” said Mohd Hisham.

The application to transfer the case to High Court was made by Yusaini Amer who is also Penang state prosecution director when the case was mentioned today before Judge Norsalha Datuk Hamzah and Judge Mazdi Abdul Hamid.

Meanwhile, counsel Datuk Ranjit Singh Dhillon who is representing Chien Guan Chai, 36, and Mohd Faizal Tan Abdullah, 66, said the defence unanimously objected to the application and wanted the case to continue to be heard in the Sessions Court.

The court later set Sept 26 and 27 to hear objection arguments for the application.

For the case under Section 466 of the Penal Code and under Regulation 25(1) (i) of the National Registration Regulations 1990, the court set Sept  26 and 27 for remention.

At the proceeding today, counsel Sukhindarpal Singh also informed the court on withdrawing himself from representing Mohd Faizul and to be replaced by Mohd Hisham.

Meanwhile, lawyer R S N Rayer who is representing Datuk Lai Chin Wah also applied to the court to allow his client to lodge a police report on claims of being beaten, spat at and forced to sign unknown documents while under police detention.

Judge Norsalha later allowed the application of the accused's lawyer.

On Sept 12, Mohd Faizul, and Loh Chan Cheong, 34; Chien Guan Chai, 36; Yap Cheng Wah, 43, and Mohd Faizal Tan Abdullah, 66, were charged on two main offences under Section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (ATIPSOM) Act 2007 while businessman Datuk Lai Chin Wah, 56, was accused on three charges under the same section.

No plea were recorded from all the accused and their plea would be recorded in the High Court.

Mohd Faizul also faced four charges of falsifying birth certificates and identity cards as well as five counts of issuing identity cards to foreigners.

Lai, Loh and Yap were also charged with two counts of falsifying birth certificates and identity cards as well as abetting with Mohd Faizul to falsify documents while Chien faced four similar charges.

 For the two main charges, Mohd Faizul was charged with issuing false birth certificate and identity card under the name of Ewe Chor Beng to facilitate the smuggling of migrants at Penang NRD headquarters at Federal Building, Jalan Anson here between January to February 2019.

Loh, Chien, Yang and Mohd Faizal Tan were respectively charged with selling birth certificate and identity card under the name of Ewe Chor Beng around Georgetown during the same period.

Lai was accused on three charges of selling birth certificate, identity card and passport under Ewe Chor Beng around Georgetown between January and March 2019.

For all the charges, they were charged under Section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (ATIPSOM) Act 2007 which carries the minimum jail term of seven years and not exceeding 15 years and maybe fined not less than RM50,000 or both if found guilty.

Meanwhile, Mohd Faizul also pleaded not guilty to four charges of falsifying birth certificates and identity cards under the name of Ewe Chor Beng and Tan Xiu Xiu at the Penang NRD headquarters at Federal Building, Jalan Anson here between January to May 2019. 

Lai, Loh and Yap pleaded not guilty on two charges of falsifying birth certifcate and identity card in the name of Ewe Chor Beng as well as abetting with Mohd Faizul to falsify documents at the same place between January and February 2019.

Chien also pleaded not guilty to four charges of falsifying birth certificate in the name of Ewe Chor Beng and Tan Xiu Xiu and abetting with Mohd Faizul to falsify documents at the same place from January to May 2019.

For all the accused, all of them were charged under Section 466 of the Penal Code read with Section 109 of the Penal Code and could be jailed a maximum of seven years and fine if found guilty.     

Apart from Mohd  Faizul also pleaded not guilty to five charges under Regulation 25(1) (i) of the National Registration Regulations 1990 for issuing identity card in the names of Tan Xiu Xiu, Lim Hock Eng, Ewe Chor Beng, Yang Xiaohong and Pheh Jin Leong at Penang NRD headquarters at Federal Building, Jalan Anson, here between Sept 20 2018 and May 3 2019.

All the accused if convicted face a maximum jail term of three years or a fine not exceeding RM20,000 or both.

-- BERNAMA

 



 
 
 
 
 
 
 
 
 
     
   
 

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