The High Court said the two Special Branch men were part of a covert operation four years ago to collect information on human trafficking.
Justice Evawani Farisyta Mohammad held that the prosecution failed to prove charges under Section 26B(d) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act against Special Branch officers Razin Razali and Faizal Ahmad Zaki.
Evawani also ruled that the prosecution failed to prove the charges under Section 26A of the same Act against Anas Hafizin Ahmad, Aslam Osman, and Ibrahim Dahamid.
The alleged offence took place on May 24, 2022 at a jetty in Kuala Kedah.
In granting the acquittals, the court agreed with the defence’s contention, which was supported by testimony from witnesses from the Special Branch, that the five men were part of an undercover operation known as “Op Benteng” that day.
Evawani said one of Faizal’s supervisors affirmed that Faizal was a field officer.
“The supervisor issued a letter, which was tendered as an exhibit, saying that the state Special Branch was conducting a covert operation (that night).
“The operation was part of the Special Branch’s duty to gather intelligence, and subsequently pass the information to other police departments or enforcement agencies,” she said, adding that Bukit Aman was also aware of the operation.
Evawani pointed out that photos and videos were taken using Razin’s iPad inside a boat that ferried the Rohingya from Cox’s Bazaar, before they boarded another fisherman’s boat in Malaysian waters.
“If the accused persons intended to smuggle migrants, it would be unreasonable for them to retain or collect evidence that would reveal their own involvement.
“The court finds that in the course of intelligence-gathering, the syndicate’s activities must be allowed to proceed as planned, as this allows the officers involved to gain the syndicate’s trust and get what they are looking for,” she said. - FMT
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