Cancer-stricken housewife freed of migrant smuggling conviction

 

The Court of Appeal set aside the High Court’s conviction and sentence of 42-year-old M Citara. (Pexel pic)

PUTRAJAYA: A housewife who was diagnosed with cancer and held in prison for the last three years has been acquitted of smuggling a Sri Lankan national out of Malaysia.

A three-member Court of Appeal bench chaired by Justice Kamaludin Said said there were merits in M Citara’s appeal.

“We agree with the issues raised by the appellant’s counsel. The conviction and sentence of the High Court is set aside,” said Kamaludin.

Citara’s lawyer K Shalvin told FMT later: “With today’s ruling, she can be with her loved ones and seek better treatment.”

Shalvin said his client was diagnosed with cancer in 2009 and her condition had worsened over the last three years.

Citara, 42, was alleged to have smuggled out Shayanthini Theivanthran at KLIA in Sepang between 7am and 10am on Jan 8, 2020.

The offence is punishable under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Atipsom), where those found guilty could be jailed for up to 15 years and issued a fine at the discretion of the court, or both.

The immigration department and public prosecutor relied on the Security Offences (Special Measures) Act 2012 (Sosma) to conduct its investigation and prosecution.

Under Sosma, an accused is denied bail and has to remain in prison pending the final outcome of a court proceeding.

Last year, the Klang High Court sentenced her to 10 years in jail.

Today, Shalvin submitted that Shayanthini’s deposition had many errors and conflicting facts, adding that the trial court should not have relied on the document.

“Elements of the charge were not satisfied as required under Section 2 of Atipsom,” said Shalvin, who appeared with Gabriel Susayan.

The lawyer said the High Court judge had also failed to consider the defence’s story.

Deputy public prosecutor Mukhzany Fariz Mokhtar appeared for the prosecution. - FMT