Immigration officer jailed 8 years, fined RM150k over fake MM2H pass

The High Court has sentenced an immigration officer, Shamsudin Ishak, to eight years’ jail time and a RM150,000 fine after finding him guilty of issuing a fake Malaysia My Second Home (MM2H) pass in 2022.

Judge Azhar Abdul Hamid sentenced the 51-year-old, who is currently suspended from work, after he failed to raise any reasonable doubt against the prosecution’s prima facie case.

The judge also ordered Shamsudin to serve an additional year in jail if he fails to pay the fine.

Shamsudin was charged in January 2023, when he was accused of committing the offence for a Vanuatu man named Li Xingqiang for human trafficking purposes, in June 2022.

He was ordered to defend himself against the charge on March 7 this year.

His charge was under Section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, which carries penalties of a maximum of 15 years imprisonment and RM150,000 maximum fine, making this the first conviction under the provision.

Before sentencing, Shamsudin’s lawyer, T Harpal Singh, pleaded for the court to consider a minimal sentence on the accused, given that this is his first offence and that he served at the Immigration Department for 27 years.

Harpal also sought the court’s discretion in considering Shamsudin’s health condition as he had undergone several surgeries, including one on his left hand due to infection.

However, deputy public prosecutor Noor Haslinda Che Seman objected to a minimal sentence and requested that the court consider between seven and 15 years imprisonment instead, given that the offence violates national security.

“As an officer entrusted with guarding the country’s border, he should be the first in the line of defence, but he conspired in violating his responsibilities.

“The accused’s action has tarnished the institution’s reputation and its integrity, and this is an abuse of office for criminal purposes.

“Not only is it serious, but it has the potential to undermine national security, which opens up opportunities for migrants to enter the country illegally, which is a potential threat.”

The judge also allowed Shamsudin’s application for a stay of sentence execution, pending his appeal against today’s verdict and ordered RM30,000 bail for the accused.

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