Decision on Penang MyKad syndicate accused’s notice of motion, affidavit on Nov 20 | Malaysia


Penang NRD assistant director Mohd Faizul Arifin (left) arrives in a police truck for a court appearance at the Penang High Court in George Town October 3, 2019. — Bernama pic
Penang NRD assistant director Mohd Faizul Arifin (left) arrives in a police truck for a court appearance at the Penang High Court in George Town October 3, 2019. — Bernama pic

GEORGE TOWN, Oct 17 — The High Court here has set November 20 to decide on the notice of motion and affidavit filed by six individuals including an assistant director of the National Registration Department (JPN) who are facing 13 charges of issuing and selling birth certificates and identity cards to foreigners.

Judge Datuk Akhtar Tahir set the date during case management today involving Penang JPN assistant director, Mohd Faizul Arifin, 34; Mohd Faizal Tan Abdullah, 66; Yap Cheng Wah, 43; Loh Chan Cheong, 34; Chien Guan Chai, 36, and businessman Datuk Lai Chin Wah, 56.

Mohd Faizul, Mohd Faizal Tan, Yap, Loh and Chien have pleaded not guilty to two charges under Section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 while Lai also pleaded not guilty to three charges under the same section.

The notice of motion was submitted by the defence counsel to determine whether Section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 is a security offence under the Security Offences (Special Measures) Act 2012 (Sosma).   

The application was also made so that each accused could be released on bail.

The court also set Oct 30 for the prosecution to reply to the affidavit of the defence and Nov 5 for the counsel to submit counter affidavit to the prosecution.

Akhtar also set November 12 for written argument on the notice of motion for both parties.

Mohd Faizal Tan, Yap, Loh and Chien were charged with two counts each of selling birth certificates and identity cards under the same name (Ewe Chor Beng) in the George Town area during the same period.

Lai was charged with three counts of selling the birth certificates, identity cards and passports under the same name in George Town between January and March 2019.

All the charges were framed under Section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, which provides an imprisonment for up to 15 years and fine not less than RM50,000, or both, if found guilty. — Bernama



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