Two to serve 12 months in jail after failing to pay RM1.1m fine in prohibited goods case, Appeals Court rules

PUTRAJAYA, Nov 17 — The Court of Appeal today reinstated the original sentence of a Magistrate’s Court, ordering two men to pay a fine of RM1.1 million each, with a 12-month imprisonment in default, for transporting prohibited imported goods valued at RM145,440 in 2018.

A three-member bench, presided over by Justice Datuk Azmi Ariffin, partially allowed the appeals lodged by Chan Wah Chuan, a company director, and Joseph Onod, a lorry driver, setting aside a High Court decision, which had increased the default jail term to six years.

Justice Azmi, sitting with Justices Datuk Hayatul Akmal Abdul Aziz and Datuk Meor Hashimi Abdul Hamid, dismissed the appellants’ appeal against their conviction.

However, the bench held that the enhancement of the default sentence by the High Court was excessive.

The appellants’ legal counsel, SR Raman, informed Bernama that as both men are unable to pay the fine, they will consequently serve the 12-month prison term.

The accused had previously been released on bail of RM100,000 each with two sureties, pending the disposal of their appeal.

They were also ordered to surrender their passports and required to report monthly to the nearest police station.

Raman, who was assisted by lawyer Jaywinder Singh Gill, said the three months his clients had already served in prison would be credited towards their 12-month default prison term.

On August 30, 2023, the Magistrate’s Court convicted Chan, 47, and Joseph, 40, of the offence and imposed a fine of RM1.1 million on each, subject to a default sentence of 12 months’ imprisonment.

The conviction was for transporting 2,304 boxes of Maximus X-Strong Beer and 120 boxes of the same product, items prohibited from import under Item 1, Third Schedule, Part II of the Customs Order (Import Prohibition) 2017.

The offence took place at KM45 of the Shah Alam Highway, heading towards Sri Petaling, Selangor, at 10.40am on September 14, 2018.

Subsequently, on August 27, 2024, the High Court upheld the fine but enhanced the default imprisonment term to six years, in lieu of the original 12 months.

As the case originated in the Magistrate’s Court, Chan and Joseph were required to and successfully obtained leave from the Court of Appeal to pursue their appeal, which was granted on November 15, 2024, with the substantive appeal being heard today.

In today’s proceedings, deputy public prosecutor Atiqah Abdul Karim@Husaini appeared for the prosecution. — Bernama