The High Court here today sentenced five Thai men to five years’ imprisonment each after they pleaded guilty to charges of harbouring Myanmar migrants who were smuggled into the country.
Judge Datuk Mohamad Abazafree Mohd Abbas handed down the sentence on Suchat Tohdin, 38; Arun Kaeofainok, 31; Jehpa Lapi-E, 58; Somphon A-Dam, 53; and Amree Nesalaeh, 60.
The court ordered Suchat to begin serving his sentence from the date of his arrest on Feb 24, 2022, while Arun, Jehpa, Somphon and Amree were ordered to commence their prison terms from June 22, 2023.
According to the charges, Arun, Jehpa, Somphon and Suchat were jointly accused of harbouring a Myanmar migrant, Mohd Belal, knowing that he was a smuggled migrant, at Bukit Wang Burma, Wang Kelian, Kaki Bukit in the Padang Besar district between August 2014 and March 10, 2015, at about 5.30am.
Amree, meanwhile, was charged with harbouring another Myanmar migrant, Zedul Islam, at the same location between February and April 2013.
In delivering his judgment, Judge Mohamad Abazafree said the court viewed the case seriously as it was linked to the Wang Kelian incident.
“The incident in Wang Kelian shocked the nation and the international community and had a significant impact on the country,” he said.
However, the judge noted that the court had also taken into account the guilty pleas of the five accused, which reflected their acceptance of responsibility and remorse, in determining the sentence.
In May 2015, Malaysia was rocked by the discovery of 139 graves and human trafficking camps in Wang Kelian, drawing widespread domestic and international attention.
All five men were charged under Section 26H of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (ATIPSOM) Act 2007, read together with Section 34 of the Penal Code, which carries a maximum penalty of 10 years’ imprisonment, a fine, or both upon conviction.
Deputy public prosecutor Christopher Enteri Mawan urged the court to impose a heavy sentence, citing the seriousness of the offence and its implications for public interest, national security and border control.
Counsel Fatin Hayati Abdul Rahman of Messrs Bahar & Co, representing Suchat, appealed for the minimum sentence, while lawyer V. Rajadevan, representing the other four accused, made a similar plea, citing their guilty pleas, which had saved judicial time and costs.
