Wrongly jailed, caned migrant worker sues govt, Sept 30 verdict

Indonesian migrant worker Sabri Umar, despite having valid documentation, was wrongfully charged with entering Malaysia illegally, thrown in jail, and lashed with five strokes of the cane.

However, he is hopeful that justice, though delayed, will ultimately not be denied.

He is suing the Malaysian government over his ordeal and the Tawau High Court in Sabah has set Sept 30 to deliver its verdict.

This court decision will come two years after he was caned five times in Tawau prison and his acquittal of the crime upon appeal, a month after enduring the harrowing punishment.

“I was wrongfully punished and what they did to me was wrong,” the father of two said.

“I want to prove that I am innocent and for my rights to be upheld.”

Sabri, who ran the gamut of Malaysia’s criminal proceedings - from arrest to acquittal in just four months - is suing for gross human rights violations and has named former home minister Hamzah Zainudin as the first respondent.

The other respondents include Sabah Chief Minister Hajiji Noor, former Immigration Department director-general Khairul Dzaimee Daud, Sabah Immigration Department director Sitti Saleha Habib Yussof, the Sabah state government, and the Malaysian government.

“There was no pressure from the authorities and I was able to answer all the questions calmly,” said Sabri, who attended court proceedings via Zoom from a town near his home in Kolaka province, Southeast Sulawesi, Indonesia.

However, to access the proceedings via Zoom, he has to travel 10 hours by car and then by ferry to get to Watampone town where the internet service is good enough, so his testimonies would not be disrupted.

LEARN MORE: InsideKini | Why our journalist went to Tawau to interview Sabri Umar

Sabri had also filed a wrongful dismissal claim under Section 20 of the Industrial Relations Act 1967 and is hoping for that decision to go his way too.

“If I am reinstated, I will return to work for Fu Yee Corporation,” said Sabri, who is cultivating a clove plantation back home.

Fu Yee Corporation Sdn Bhd is a Malaysian-registered manufacturer and seller of veneer, plywood, and sawn timber products. It is located in Kalabakan - a two-hour drive from the company’s administrative office in Tawau town.

Terminated upon claiming unpaid wages

Sabri alleged that his relationship with his employer started to sour after he got involved in trade union activities in 2020.

He was among 31 other members of the Sabah Timber Industry Employees Union (STIEU) in Fu Yee’s plywood factory who were seeking unpaid wages.

Seven workers including Sabri were terminated after their claims were submitted.

Subsequently, he was arrested for an alleged sexual offence but was instead charged and found guilty of illegal entry into Malaysia.

Meanwhile, his coworkers were reinstated five months after filing their case at the Tawau Labour Department.

Sabri’s case led to improved work and living conditions for his former co-workers after the Indonesian ambassador to Malaysia, Hermono, intervened and raised concerns with the Labour Department.

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