Already whipped Indonesian migrant worker acquitted on revision by High Court

Editor’s Note: Amendment was made to earlier version of headline

SABRI Umar (pic above), the Indonesian migrant worker who was wrongly convicted for being in Malaysia illegally – but was whipped prior to his appeal – was acquitted by the Tawau High Court in Sabah yesterday (July 22) following a revision of his conviction.

Sabri who was represented by Jhasarry Kang on behalf of the Tawau branch Indonesian Consulate was acquitted by High Court Judge Dr Lim Hock Leng after the defence contended that the learned Sessions Court Judge had failed to check the exhibits shown under “Exh P3” that Sabri indeed possessed a valid passport and work pass.

At the same time, Sabri had also misunderstood that if he were to plead guilty, he would be deported by May 2022 but instead he was sentenced to 11 months of imprisonment and five strokes of the cane, according to the notes of proceedings of the High Court.

Unfortunately, the whipping had been carried out on June 23 as per confirmed by the Prison Department.

Recently, some 45 groups and organisations led by the Malaysians Against Death Penalty and Torture (MADPET) have cried foul over Sabri’s whipping at the Tawau Prison on June 23 despite his High Court appeal has yet to be heard following his conviction/sentence by the Sessions Court.

An investigation would have revealed that Sabri was a documented worker who cannot be charged under Section 6(1)( c) of the Immigration Act 1959/63, according to the 45 groups and organisations in a joint statement.

Sabri, a union member of the Sabah Timber Industry Employees Union (STIEU), has claimed that he was wrongfully terminated by his employer, Fu Yee Corp Sdn Bhd, on April 4 this year prior to being arrested by the police the next day and detained until he was charged and convicted on April 19.

However, he did manage to file a wrongful dismissal claim in the Industrial Relations Department on the same day (April 19) to seek reinstatement whereby this process is on-going.

“The employer who knew that Sabri was not an undocumented worker failed to bring to the attention of the police, prosecutors and court this material fact which reasonably would have meant Sabri would not be charged, let alone be convicted for being illegally in Malaysia under Section 6(1)( c) Immigration Act,” the joint media statement by the group of 45 had pointed out.

“Fu Yee Corp (the employer) should be doing the needed to end the current serious miscarriage of justice,” added the joint statement. – July 23, 2022

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