Judicial commissioner Noor Hayati Mat ordered senior immigration officer Haris Fadzilah Abu Bakar, 51, and assistant director Noryati Abu Bakar, 53, to be freed after finding that the prosecution had failed to prove a prima facie case against them.

In her judgment, Noor Hayati said that among other things, the procedure for the removal of the Indonesian migrants made by the two accused was in accordance with immigration procedures.

“I have examined the testimony of all the witnesses and found that the prosecution failed to prove that the two accused had knowledge that the entry of the migrants was illegal.

“Therefore, I am satisfied that the prosecution has failed to prove a prima facie case against the two accused. They are both hereby acquitted and discharged without calling for their defence,” she said.

Haris Fadzilah and Noryati were jointly charged with three others with smuggling eight migrants at Lot 21, Jalan Feri at the Pasir Gudang Port here at noon on June 15, 2020.

They were charged under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, which provides for a jail term of up to 15 years and a fine, or both, if convicted.

Twenty-one prosecution witnesses testified during the trial.

The prosecution was handled by deputy public prosecutor R Kodesviary.

Lawyers Zamri Idrus, Muhammad Abd Kadir, Ridzuan Othman and Khairulnadiah Hasni Yusoff represented Haris Fadzilah, while Noryati was represented by lawyers Latheefa Beebi Koya and Zaid Malek.

The other three accused – construction worker M Amir Nasir, 64, ferry ticket agent Tengku Jajang Sagita Tengku Ridzuan, 57, and Pasir Gudang Ferry Terminal security guard Razali Mohamad, 58 – are undergoing a jail term of between two and four years after they pleaded guilty to the charge.