Magistrate Nuruhuda Mohd Yusof imposed the sentence on Mohammad Kamal Sa’aid, 47, after he pleaded guilty to a charge framed under Section 12 (1) (d) of the Passport Act 1966 which is punishable by a maximum fine of RM10,000 or a jail term of up to two years or both, upon conviction.
The proceedings was held at a medical ward Queen Elizabeth Hospital One here, where the accused was admitted believed to be suffering a liver ailment.
The accused, who was defended by counsel Hairul Vaiyron Othman, was detained at Terminal Two of the Kota Kinabalu International on Jan 25, for committing the offence.
The charge stated that, Mohammad Kamal possessed the Philippine passport under the name of Amilillio Manuel Karingal bearing the numbers XX4025549 which he had obtained fraudulently.
The accused was ordered to serve his jail sentence from the date of his arrest on Jan 25 this year.
Prosecuting officer Inspector Azwal Azman told the court that the accused was arrested by a police team and among items seized were his MyKad as well as his Philippine passport.
He said investigation by the Commercial Crime Investigation Department confirmed that he is a Malaysian in possession of a Philippine passport without legal authority.
Pleading for a light sentence, his counsel submitted that his client had no criminal record.
Hairul also said that Mohammad Kamal had regretted what he had done and requested for an appropriate sentence to be imposed on him.
No official request to deport
In reply, Azwal applied for a deterrent sentence taking into account that this case had involved Malaysia and the Philippine.
The magistrate also ordered the passport to be surrendered to the Immigration Department following an application by the prosecution for further action.
Mohammad Kamal became infamous overnight following his arrest by the police.
He is accused of being the mastermind of an investment scheme and had fled to Sabah from the Philippines after allegedly cheating 15,000 Filipinos of nearly 12 billion pesos (RM895 million) last November.
State Police Commissioner Hamza Taib revealed that the police had detained the accused in Ranau over “identity issues” and not the investment scam in the Philippines.
There had been no official request by Manila police to Bukit Aman to arrest Mohammad Kamal so far, said Hamza.
In November last year, the Philippine police launched a manhunt for the accused, purportedly a Malaysian from Sabah who went by a different name in the Philippines.
The accused, who allegedly told Filipino investors that he was related to several senior Sabah politicians including Chief Minister Musa Aman, was said to have operated a pyramid investment scheme under a company called Aman Future Group Philippines Inc, promising returns of up to 67%.
The victims had used their savings, mortgaged homes and borrowed to invest in the scheme.
Among those who lost money in the scheme are senior Philippines government officers and including President Benigno Aquino’s sister Kris who was said to have invested 50 million pesos in it. A family of 25 members reportedly lost a total of 150 million pesos, while another investor claimed to have lost 31 million pesos.
Musa’s ‘distant relative’
Many affected Filipinos have also been coming to Sabah to look for Mohammad Kamal.
Musa has admitted that Mohammad Kamal is a “distant relative” but denied that he had interfered in the Filipino’s repatriation.
“I have a large family and I have just recently been informed that this individual is a distant relative,” he was reported as saying in a statement on Sunday, adding that he learned about Mohamad Kamal “through the news”.
“Let me make it very clear that the Sabah state government did not and will not intervene in this matter. This is a police and Interpol matter…
“Whether or not Amalilio (Mohamad Kamal) is a relative, the authorities should investigate the matter and take the necessary action. No one is above the law,” he said, while expressing hopes that Malaysian and Filipino authorities would cooperate to resolve the matter quickly.
The Philippines media reported its Interior Secretary Mar Roxas as accusing Musa of blocking the extradition Mohammad Kamal while Philippine Justice Secretary Leila de Lima said the accused was whisked away by the Malaysian authorities 10 minutes before he was to board a flight to the Philippines.
A Foreign Affairs Department source on Wednesday blamed the National Bureau of Investigation for the government’s failure to bring back a major swindling suspect, Manuel Amalilio, from Malaysia to face trial over a pyramid scam that victimized more than 15,000 small-time investors.
ReplyDeleteThe source, who spoke on condition of anonymity, said the Philippine embassy in Malaysia was ready to repatriate Amalilio early, but was instructed to wait for a team from the NBI to arrive.
ReplyDelete“So because the ambassador there had to toe the line and follow the request of the NBI, this Amalilio guy had a chance to prepare,” the source added.
ReplyDeleteAn NBI official, also speaking anonymously, denied the accusation.
ReplyDelete“There is no truth to that claim,” the NBI source said, rebuking people who talked about the Amalilio case when they had no personal knowledge of it.
ReplyDelete“These people were not involved in the case and yet they involved themselves, but when everything did not turn out well, they’re now playing Pontius Pilate,” the NBI official said.
ReplyDeleteThe DFA source, however, said it didn’t help that officials were “constantly reminding” the media that they would bring Amalilio home soon – and even announced the date of his arrival.
ReplyDelete“Without the element of surprise, the suspect was able to prepare,” the source said.
ReplyDeleteThe Justice Department last week announced to the media that Amalilio was scheduled to be flown to Manila on Jan. 25 from Malaysia, after he was arrested in Kota Kinabalu, Malaysia.
ReplyDeleteAmalilio is the owner of Aman Futures, which allegedly duped thousands of investors, including teachers and pastors, in the Visayas and Mindanao of P12 billion.
ReplyDeleteInterior and Local Government Secretary Manuel Roxas II confirmed the reports and said a team from the NBI was sent to Kota Kinabalu on Jan. 24 for the turnover of Amalilio.
ReplyDeleteThe big catch did not happen, however, after the Malaysian authorities suddenly stopped Amalilio’s deportation.
ReplyDeleteA Malaysian man accused of cheating 15,000 people in a massive pyramid scheme in the Philippines has been jailed for two years by the Magistrate’s Court here.
ReplyDelete
DeleteBusinessman Mohammad Kamal Sa’ad, 47, who is known in the Philippines as Manuel Karingal Amalilio, pleaded guilty on Monday after being charged under Section 12(1) (d) of the Passport Act 1966, which provides a fine of up to 10,000 Malaysian ringgits (about P132,000) or jail terms of up to five years or both.
According to the facts of the case tendered by prosecuting officer Insp. Azwal Azman, Mohammad Kamal was found to be in possession of a Philippine passport under the name of Manuel Karingal Amalilio on Jan. 25, at about 5.30 p.m. at the departure hall of Terminal 2, Kota Kinabalu International Airport (KKIA) here.
DeleteHe was charged before Magistrate Nuruhuda Mohd Yusof at the male medical ward of the Queen Elizabeth hospital here where he is undergoing treatment for a liver ailment.
DeleteA police team also found on Mohammad Kamal a MyKad identity card bearing his name.
DeleteFurther police investigations found that he had fraudulently obtained the Philippine passport.
In seeking a lighter sentence for his client, counsel Hairul V. Othman said Mohammad Kamal was a first-time offender who was remorseful of his actions.
Comply with procedures
DeleteEarlier, Sabah Police Commissioner Datuk Hamza Taib said Malaysia was willing to hand over Mohammad Kamal, who is wanted by Philippine authorities.
Hamza said proper procedures under Asean’s Mutual Assistance in Criminal Matters Act 2002 had to be complied with before they could hand over Amalilio.
DeleteThe report has shown that he is being arrested already.
ReplyDeleteIt is very clearly enough.
ReplyDeleteApa kah langkahnya?
ReplyDeleteThe Sabah Kadazandusun Murut Welfare and Education Association (Pekadin) has described the launch of the Skim Prihatin Pendidikan 1Malaysia (SPP1M) by Prime Minister Datuk Seri Najib Tun Razak yesterday as appropriate, timely and reflection of the 1Malaysia spirit.
ReplyDeleteChief Minister Datuk Seri Musa Haji Aman yesterday distributed a total of RM1 million to 2,000 eligible recipients of the RM500 Bantuan Rakyat 1Malaysia (BR1M) 2.0 from his Sungai Sibuga
ReplyDeleteIni merupakan satu muslihat.
ReplyDeleteAbout 6,084 people in Sungai Sibuga who received RM500 each during the BR1M 1.0 last year automatically qualified to receive the BR1M 2.0 this year.
ReplyDeletePengerusi Suruhanjaya Pilihan Raya (SPR), Tan Sri Abdul Aziz Mohd Yusof yakin proses Pilihan Raya Umum ke-13 (PRU-13) akan menjadi pilihan raya yang terbaik dan bukan yang terkotor.
ReplyDeleteBeliau berkata, walaupun timbul pelbagai persepsi ekoran pendedahan baru-baru ini dalam siasatan suruhanjaya diraja (RCI) mengenai pendatang tanpa izin di Sabah namun SPR yakin proses pilihan raya akan datang adalah yang terbaik.
ReplyDelete“Apa yang saya tekankan di sini ialah daftar pemilih kita adalah bersih. Maksud saya ialah SPR bersihkan daftar pemilih hari-hari dengan bantuan Jabatan Pendaftaran Negara (JPN). JPN mempunyai bidang kuasa untuk tentukan sama ada seorang itu warganegara atau bukan warganegara.
ReplyDeleteThe waiting game for the election date will be over soon, with the current government calling for the Dewan Rakyat to be dissolved anytime before 28 April 2013.
ReplyDeletePoliticians on both sides of the divide will contest 222 Parliamentary seats and 505 state-assembly seats throughout the nation, except in Sarawak.
ReplyDeleteTo educate the society and media, the Election Commission (EC) conducted a briefing on GE13 at Bernama on Jan 17. During the briefing, the EC’s Deputy Chairman Datuk Wira Wan Ahmad Wan Omar touched upon the prerequisites for aspiring candidates and the new rules.
ReplyDeleteUndischarged bankrupts and those convicted by the courts for offences within the last five years are barred from contesting.
ReplyDeleteCivil servants and those considered mentally unfit are also barred from contesting.
ReplyDeleteTo date, 50 of the candidates in the 2008 election have yet to submit their financial statement. They should know better of their obligations
ReplyDeleteAnyone who fulfills the above conditions can obtain nomination forms and statutory declaration forms, and prepare the required deposits.
ReplyDeleteThe completed forms, deposits and the statuary declaration forms should be handed over at the nomination centres that are open between 9 am and 10 am on the nomination day.
ReplyDeleteThe returning officer will go through the nomination papers and then declare the names of those who qualify to contest.
ReplyDeleteFor the first time, GE13 will be doing away with the objection period, in line with the amendments to regulation 9 of the Elections (Conduct of Elections) 1981, that came into effect on 27 April 2012.
ReplyDeleteThe nomination papers can be handed over by either the candidate himself/herself, or the proposer, or the seconder.
ReplyDeleteThe statutory declaration has to be stamped at the stamp-duty office.
ReplyDeleteCandidates vying for parliamentary seats are required to make the statutory declaration on Form 5, and those vying for state seats should use form 5A.
ReplyDeleteCandidates are also required to pay a deposit to contest and a deposit to campaign. The deposit to contest a Parliament seat is set at RM10,000, while it is RM 5,000 for a state seat, payable in cash or by bank draft on the nomination day.
ReplyDeleteThe candidates also have to liaise with the local authorities in putting up posters, banners etc. A police permit is required for campaign speeches in open spaces.
ReplyDeleteLast month, a National Bureau of Investigation team went to fetch Amalilio but returned empty-handed after the turnover was canceled at the last minute.
ReplyDeleteMeanwhile, the Star report noted that Sabah Police Commissioner Datuk Hamza Taib earlier said Malaysia was willing to hand over Amalilio to Philippine authorities.
ReplyDeleteBut Hamza said proper procedures under ASEAN's Mutual Assitance in Criminal Matters Act 2002 had to be complied with before they could hand him over.
ReplyDeleteHe said Malaysian police received but rejected an application from the Philippine government to take custody of Amalilio since they had supposedly not gone through the procedures.
ReplyDeleteTaib said the application letter has to go through the Philippine Attorney-General and Foreign Affairs Department before being handed over to Malaysia's Foreign Ministry, Attorney-General and police.
ReplyDeleteKetua Menteri Sabah, Musa Aman mengakui bahawa suspek yang dikehendaki kerajaan Filipina Manuel Karingal Amalilio merupakan "saudara jauh" keluarganya.
ReplyDeleteBiarpun saudara jauh, tidak semestinya Datuk Musa bersubahat atas apa yang di lakukan oleh suspect itu.
Deletebagaimanapun, Musa menafikan bahawa beliau campur tangan untuk menghalang penghantaran pulang individu tersebut.
ReplyDeletejumaat lepas, Setiausaha Dalam Negeri Filipina Mar Roxas menuduh Musa menyekat cubaan untuk membawa Amalilio pulang ke Filipina.
ReplyDeleteAmalilio dikehendaki oleh Manila kerana didakwa menipu lebih 15,000 orang yang membabitkan 12 bilion peso (RM895 juta).
ReplyDeletePresiden Filipina Benigno S Aquino III telah berikrar untuk membawa Amalilio ke muka pengadilan.
ReplyDeleteMenurut Setiausaha Keadilan Filipina, Leila de Lima, Amalilio diambil oleh pihak berkuasa Malaysia 10 minit sebelum dia dijadual menaiki penerbangan ke Filipina.
ReplyDeleteEmpat ejen Biro Penyiasatan Nasional (NBI) Filipina mengiringi Amalilio pada masa itu. Mereka tidak diberikan alasan yang "jelas dan boleh diterima" untuk campurtangan, kata de Lima.
ReplyDeleteKetua Polis Sabah, Hamza Taib telah menafikan dakwaan bahawa Amalilio dikaitkan dengan Musa dan menjelaskan bahawa deportasi itu dihentikan kerana prosedur tidak diikuti.
ReplyDeleteBeliau juga mendakwa bahawa pihak berkuasa Filipina tidak membuat permintaan untuk membawa pulang Amalilio.
ReplyDeleteTidak ada perjanjian ekstradisi antara Malaysia dan Filipina dan dengan itu ia tidak terikat dengan sebarang permintaan untuk ekstradisi.
ReplyDeleteAmalilio telah ditangkap di Ranau, Sabah Khamis lepas kerana didakwa memegang pasport Filipina palsu.
ReplyDeleteAmalilio juga mendakwa dia warganegara Malaysia, tetapi Manila telah berhujah ia tidak penting kerana ejen NBI telah membawa dokumen, termasuk sijil kelahiran, untuk membuktikan suspek sememangnya rakyat Filipina.
ReplyDeleteSatu delegasi rasmi dari Jabatan Kehakiman Filipina akan tiba di sini tidak lama lagi bagi proses ekstradisi pendakwaan terhadap dalang skim piramid Manuel Amalilio, yang menghadapi tuduhan penipuan berjumlah lebih RM895 juta.
ReplyDeletePegawai penerangan kedutaan di sini, Johann Andal berkata, mereka sedang menunggu butiran lawatan.
DeleteAmalilo yang dikenal pasti sebagai Mohammad Kamal Saad, merupakan seorang ahli perniagaan Sabah, dari Beaufort.
Delete“Setakat ini, kita masih menunggu pemberitahuan daripada Jabatan Kehakiman,” katanya.
DeleteMenurut laporan di Manila, Malacang telah berikrar untuk mencuba segala usaha bagi mendapatkan Amalilo diekstradisikan dari Malaysia.
DeleteTimbalan jurucakap presiden Abigail Valte berkata, peguam dari Jabatan akan berada di Kuala Lumpur tidak lama lagi untuk berhubung dengan rakan sejawat mereka di sini.
Delete“Malah sekiranya kita tidak mempunyai perjanjian ekstradisi dengan Malaysia, undang-undang Malaysia membolehkan ekstradisi di bawah proses tertentu.
Delete“Oleh itu, peguam negara kita akan pergi ke sana untuk memulakan proses ekstradisi,” kata Valte yang dipetik oleh The Philippines Star.
DeleteIa juga memetik Setiausaha Kehakiman, Leila de Lima pada Sabtu sebagai berkata bahawa para pegawai rasmi Malaysia telah bersetuju untuk mengekstradisi Amalilio walaupun belum menamatkan hukuman penjara dua tahun.
DeleteAmalilio, ketua Kumpulan Aman Futures, yang didakwa menipu kira-kira 15,000 orang, telah dihukum penjara dua tahun di Kota Kinabalu kerana memiliki pasport Filipina yang palsu.
DeleteSatu waran tangkap telah dikeluarkan oleh mahkamah Pagadian di selatan Filipina atas dakwaannya sebagai dalam penipuan bersama sembilan lagi eksekutif dan pekerja Aman Futures.
DeleteIa turut dilaporkan bahawa pihak berkuasa Manila meminta Amalilo hadir di Filipina untuk mempercepatkan kes di mana pengurusan kewangan Aman merangkap saksi, Ma. Donna Coyme turut memohon secara asmi sbeagai saksi.
DeletePeguam Negara, Tan Sri Abdul Ghani Patail pada Sabtu lalu menyatakan bahawa Malaysia tidak dapat untuk mengesktradisi Amalilo kerana dia adalah seorang warganegara Malaysia yang memegang kad pengenalan yang sah dan aktif dan menjalani hukuman penjara dua tahun.
DeleteBagaimanapun, Abdul Ghani menyatakan bahawa pihak berkuasa yang berkaitan di sini telah diarahkan untuk membeku semua rekod kewangan dan aset milik Amalilo dan rakan-rakannya.
Delete
DeletePada 25 Januari lalu, Amalilo, ditahan oleh polis Malaysia di Lapangan Terbang Antarabangsa Kota Kinabalu kerana mempunyai pasport Filipina yang palsu.
Dia didakwa dan dihukum selepas mengaku bersalah pada 4 Februari manakala berada di hospital bagi menjalani rawatan hati.
DeleteMusa Aman doesnt involve in Amalilio's case
ReplyDeleteON INTERPOL LIST: Man taken off plane 10 minutes before flight to Manila to face charges there
KUALA LUMPUR: THE man in the middle of a tug-of-war between Malay-sian and Philippine police over a RM895 million cheating case is a citizen of this country.
The Philippine authorities identified the man as a Manuel Karingal Amalilio, a Filipino, who allegedly swindled his countrymen of money in a get-rick-quick scheme.
Confident of the identity of the suspect nabbed by Malaysian police in Sabah last week, they had sent a team of officers down to take him back to face charges there.
However, 10 minutes before the flight to the Philippines, Malaysian police stepped in and took custody of the suspect again.
Yesterday, Federal Commercial Crime Investigation Department director Datuk Syed Ismail Syed Azizan said the National Registration Department had verified that the 47-year-old suspect was born in Kota Kinabalu, Sabah.
"When the suspect was arrested in Ranau, Sabah, on Jan 22, he was carrying a MyKad, birth certificate and driving licence.
"He was also carrying a Philippine passport bearing the name of Manuel Karingal Amalilio.
"Manuel was on the Interpol wanted list after Philippine authorities sought assistance to locate him. He allegedly cheated 15,000 people before fleeing to Malaysia.
However, police did not arrest the suspect because he was wanted by Philippine authorities.
He was nabbed because checks revealed that the Philippines passport he was carrying was a fake.
Syed Ismail said the suspect was being probed under Section 12(1)(d) of the Passports Act 1966. If found guilty, he is liable to be fined RM10,000 or sentenced to five years' imprisonment, or both.
"The suspect's particulars and fingerprints were verified by the National Registration Department. We contacted our counterparts in the Philippines to ascertain if he is the person they were looking for."
However, Syed Ismail said the suspect could not be deported to the Philippines as he was a Malaysian. Although the Philippine authorities wanted the suspect, they had not submitted any extradition request.
"There are procedures to be followed if a Malaysian is wanted by a foreign country for a crime he committed there."
Syed Ismail said the name and age of Manuel, also known as Mohammad Sufian Said, did not tally with the suspect in custody.
"We are working closely with the Philippine counterparts to confirm his identity and proper procedures must be followed before he can be extradited."
Sabah police Commissioner Datuk Hamza Talib denied that the suspect could not been deported to Manila because of the involvement of "higher authorities".
"There are procedures that need to be complied with. The Mutual Assistance in Criminal Matters Act 2002 has rules for providing international assistance in criminal matters.
"There was no request letter earlier. We only received a letter yesterday from Bukit Aman federal police headquarters stating that the Philippine Internal Affairs wants him for investigations."
Read more: Suspect in RM895m swindle a Malaysian - General - New Straits Times http://www.nst.com.my/nation/general/suspect-in-rm895m-swindle-a-malaysian-1.211085#ixzz2KptBhc8Y