Kuala lumpur: 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 being smuggled into the country. Judge Datuk Mohamad Abazafree Mohd Abbas meted out the sentence on Suchat Tohdin, 38; Arun Kaeofainok, 31; Jehpa Lapi-E, 58; Somphon A-Dam, 53; and Amree Nesalaeh, 60.
According to BERNAMA News Agency, the court ordered Suchat to serve his prison term from the date of his arrest on Feb 24, 2022, while Arun, Jehpa, Somphon, and Amree were ordered to begin serving their sentences from June 22, 2023. The alternative charge stated that Arun, Jehpa, Somphon, and Suchat were jointly accused of protecting 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 5.30 am. Meanwhile, Amree was charged with protecting another Myanmar migrant, Zedul Islam, at the same location between February and April 2013.
Judge Datuk Mohamad Abazafree Mohd Abbas emphasized the gravity of the case due to its connection with the Wang Kelian incident, which had shocked both the nation and the world, significantly impacting the country. Nevertheless, he acknowledged the guilty pleas of the five accused, which demonstrated their acceptance of responsibility and remorse, influencing the sentencing decision.
In May 2015, the nation was startled by the discovery of 139 graves and camps associated with human trafficking activities in Wang Kelian, triggering widespread domestic and international reactions. All five accused 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 provides for a maximum imprisonment of 10 years, a fine, or both upon conviction.
Deputy public prosecutor Christopher Enteri Mawan advocated for a severe sentence, asserting that the offence was serious and had extensive implications for public interest, national security, and border control. Meanwhile, counsel Fatin Hayati Abdul Rahman of Messrs Bahar and Co, representing Suchat, appealed to the court to consider imposing a minimum prison sentence on her client. Lawyer V. Rajadevan, who represented the other four Thai men, also appealed for a minimum sentence, highlighting their guilty pleas, which had saved the court and the prosecution both time and costs.