Tears flowed freely in the High Court in Shah Alam today after four Immigration officers failed in their appeal against their conviction and sentence for corruption.

The court also rejected their application for a stay of their sentence.

Soon after Judge Ghazali Cha handed down his decision, the four Immigration officers - Azmir Mahadi, 33, Ahmad Zahed Abd Halim, 33, Mohd Hafiz Zakaria, 32, and Mohd Khairul Haqimie Kamaruddin, 31, broke down and went to hug family members present in court.

The four officers were with the South Port Shipping division, Port Klang, when they committed the offences.

On Feb 22, 2013, the Sessions Court in Shah Alam sentenced them to six years’ jail and fined RM239,700 after finding them guilty of obtaining bribes to facilitate the entry of Indonesian nationals into Malaysia.

In today’s proceeding, Ghazali allowed a cross-appeal by the prosecution against a Sessions Court decision in acquitting Azmir on a charge of attempting to solicit a bribe, but dismissed the prosecution’s appeal against Mohd Khairul Haqimie’s acquittal on two charges of soliciting bribes.

In the judgment, Ghazali said the Immigration Department had set conditions which required foreign nationals entering Malaysia to have the necessary documents, like valid visa and ticket and their names not in the wanted persons list.

The four appelants, he said, were entrusted to see that these conditions were met.

He said from testimony by witnesses, it was found there was a practice of giving money by shipping agents to Immigration officers to relax checks on passengers from Indonesia entering Malaysia.

“After studying the defence by all the appellants, I found they were all an afterthought, merely denial and failed to overrule the assumption on their culpability.

“I found the Sessions Court judge having evaluated and considered the defence by all appellants carefully and had not erred in making the decision.

“I am satisfied with the finding of the judge and the conviction on all the appellants, except for three charges, one against Azmir and two against Mohd Khairul Haqimie,” he added.

‘A long jail sentence could strain family relations’

On the punishment, Ghazali said there was no need to serve long jail sentence against the appellants as they were first time offenders and needed to support their families.

A long jail sentence could strain family relations, including causing divorce, he added.

As such, he ordered Azmir to be jailed for five years and fined RM60,000, in default 36 months’ jail of five counts of obtaining bribes, totalling RM3,810, and for attempting to solicit bribe of RM920.

The offences were committed at the Port Klang branch of the Affin Bank Bhd between Aug 15, 2010 and Aug 22, 2010.

Ghazali, however, upheld the six year-jail and RM120,000 fine, in default 12 months’ jail, imposed on Ahmad Zahid on 12 counts of obtaining bribes totalling RM13,590, at the Bukit Tinggi and Port Klang branches of Maybank between July 26 and Aug 28, 2010.

He also sentenced Mohd Hafiz to five years’ jail and fine of RM55,700, in default 36 months’ jail, on four counts of graft involving RM8,690 at the Port Klang CIMB Bank branch, the Eon Bank branch in Port Klang and the Immigration quarters in Pandamaran, between Sept 25 and 30, 2010.

Meanwhile, Mohd Khairul Haqimie was sentenced to five years’ jail and fined RM14,000, in default a year's jail, for graft, involving RM2,650, at Bukit Tinggi Maybank branch, Klang, on Aug 28, 2010.

Ghazali upheld the Sessions Court’s decision in acquitting and discharging Mohd Khairul Haqimie on two charges of obtaining bribe of RM700 and RM4,000 in front of Restoran Moden, Simpang Kudrat, Klang on Sept 28, 2010.

All of them were charged under Section 17(a) of the Malaysian Anti-Corruption Commission Act 2009.

Azmir and Mohd Khairul Haqimie were represented by lawyer Amir Khusyairi Mohamad Tanusi, while Mohd Hafiz by lawyer Abdul Halem Mohamad Husin and lawyer Francis Xavier represented Ahmad Zahed.

Deputy public prosecutors from MACC Wan Mohd Bukhari Wan Mohd and Norhayati Raihan Wahab appeared for the prosecution.

- Bernama