SIBU: The Sessions Court here on Monday (April 22) discharged and acquitted (DNA) a lawyer and a businessman from jointly violating Immigration Act 1959/63.
Lawyer Ting Yong Ginn and Tang Tung Yaw were both given discharge amounting to acquittal by the presiding Sessions Court Judge Stella Augustine.
According to the charge sheet, both defendants were accused of employing three foreigners who are not in possession of valid entry passes at a karaoke lounge in Jalan Lanang on July 17, 2019 at about 11pm.
The offence is punishable under Section 55B(1) of the Immigration Act 1959/63 (2002 Amendment), and read together with section 34 of the Penal Code which provides for a fine of not less than RM10,000 but not more than RM50,000 or to imprisonment term not exceeding 12 months or both for each such employee.
In her ruling, Judge Stella pointed out that both the defendants were firstly charged on Oct 5, 2019 before Sibu Sessions Court, and the case was discharged not amounting to acquittal (DNAA) on Nov 9, 2020 as the prosecution was not ready to proceed with the case.
The prosecution, she said, then reinstated the charge on the very same day, and the case was once again DNAA by the trial judge on Nov 3, 2021 due to the same reason that the prosecution was not ready to proceed with the trial.
On Jan 25, 2022, she said, both the defendants were once again charged whereby the trial has been adjourned for a few times and on Monday (April 22) is fixed for trial.
“The prosecution has ample time to prepare for the case but did not do so. The documents were not served to the counsels despite having all the time to do so.
“The charge against both the defendants has been hanging for almost five years and the same reason given by the prosecution today that they are not ready to proceed with the case.
“Taking into account that one of the defendants is a practicing lawyer and the fact that the charge is hanging for almost five years has tarnished his reputation and the preception of the public against him as a practising lawyer.
“In the interest of justice, I hereby ordered both the defendants is DNA by virtue of Section 254(3) of the Criminal Procedure Code,” Judge Stella added.
Both the defendants were represented by Orlando Chua, Jacob Wong, Ben Lau and Jessie Wong.
Meanwhile, Ting said he had sued the then Sibu CID chief Hadian Keria for defamation at Sibu Sessions Court whereby he won the case and was awarded damages and costs.
Dissatisfied with the court ruling, Hadian had filed an appeal to the Sibu High Court but was dismissed and ordered to pay damages and costs to Ting.
Ting is a practising lawyer and obtained his law degree with University of Wolverhampton, UK. He obtained his Certificate in Legal Practise (CLP), and also an MBA with University of Central Lancashire, UK.
He is a member of the Chartered Institute of Building and Chartered Institute of Arbitrators, UK.
