KOTA KINABALU – The Tawau High Court has acquitted an Indonesian migrant worker who was wrongfully detained, charged and caned.
Sabri Umar was acquitted by judge Lim Hock Leng last Friday after lawyers from the legal firm Messrs Kang Advocates, representing Indonesia’s Tawau consulate, argued that Sabri was in possession of a valid Indonesian passport and had a work pass from a company, Fu Yee Corporation.
He was arrested on April 5, and convicted by the sessions court under Section 6(1)( c) Immigration Act 1959/63 on April 19, where he was sentenced to 11 months of imprisonment and five strokes of the cane.
He was unrepresented at the time.
However, Sabri managed to file a wrongful dismissal claim in the Industrial Relations Department on April 19 seeking reinstatement.
However, prior to his appeal being heard, Sabri was caned in the Tawau Prison on June 23.
On Friday, Sabri’s legal team told the court that he had only pleaded guilty on April 19 after being misled that he would be deported to Indonesia on May 4 if he were to plead as such.
His lawyers also argued that though Sabri pleaded guilty, the sessions court did not check that Sabri had a valid passport, in pleading to the high court to set aside the conviction.
The case grabbed the attention of many parties after 46 civil organisations issued a statement crying foul over Sabri’s wrongful caning, as it was against the Section 311 of the Malaysian Criminal Procedure Code that prohibits caning until the appeal is heard and decided upon.
The groups and organisations led by Malaysians Against Death Penalty and Torture urged the Malaysian government to apologise, and abolish caning as a corporal punishment in the country. – The Vibes, July 24, 2022
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