1.Shiraz Shezy Khan Hafiz Badruddin; 2.M/S Al-Amna Private Limited v Public Prosecutors

• Jurisdiction: Singapore
• Judge: Kow Keng Siong
• Judgment Date: 18 July 2001
• Neutral Citation: [2001] SGDC 221
• Year: 2001
• Published date: 19 April 2005
• Citation: [2001] SGDC 221
• Court: District Court (Singapore)

Between

1.Shiraz Shezy Khan Hafiz Badruddin
2.M/S Al-Amna Private Limited ... Appellants

And

Public Prosecutor ... Respondent

Citation:	DAC No 1206-1210 of 2001; PS No 153-157 of 2001
Jurisdiction:	Singapore
Date:	2001:07:18
	2001:05:08-2001:05:09; 2001:03:27: 2001:03:26;
Court:	Subordinate Courts
Coram:	Kow Keng Siong, District Judge
Counsel:	DPP Benjamin Yim for the prosecution
	Mr SK Kumar for the defence

JUDGMENT:

Grounds of Decision

The charges & the appeals

1. This case involved the prosecution of M/s Al-Amna Private Ltd (M/s Al-Amna) and one of its directors, Mr Shiraz Shezy Khan Hafiz Badruddin (Mr Shiraz) on charges under the Immigration Act.

2. M/s Al-Amna faced 5 charges under section 57(1)(e) p/u section 57(2A) of the Act for employing 5 immigration offenders over varying periods (from May to November 2000) as general workers at its scrapyard located at No. 74 Sungei Kadut Street 1: PS 153 – 157/2001.

3. Mr Shiraz, on the other hand, faced a total of 10 charges. These related to:

1. 5 charges under section 57(2) r/w section 57(1)(e) & p/u section 57(1)(ii) of the Act for having, in his capacity as a director of M/s Al-Amna, authorised the said company to employ the 5 immigration offenders: DAC 56081 – 56085/2000; and
2. 5 charges under section 57(1)(d) p/u 57(1)(ii) of the Act for having harboured these immigration offenders at the company’s scrapyard: DAC 1206 – 1210/2001.

4. Mr Shiraz was the legal representative of M/s Al-Amna during the trial. At the end of the proceedings, I convicted both the Appellants on their respective charges and sentenced them as follows:

1. Mr Shiraz – a total of 30 months’ imprisonment;
2. M/s Al-Amna – a total fine of $500,000.

5. The Appellants have appealed against their convictions and I now set out the reasons for my decision.

Undisputed facts

6. On 22 November 2000 at about 10 am, officers from the Ministry of Manpower raided Tropical Furniture Pte Ltd (Tropical Furniture) located at No. 74 Sungei Kadut Street 1. During the raid, 5 Bangladeshi nationals were found within the premises. They were:

1. Ripon Abdul Mannan;
2. Billal;
3. Md Jahangir Alam;
4. Md Jubair;
5. Alli Ahmed.

7. These 5 Bangladeshi nationals were subsequently charged and convicted for having entered Singapore illegally under section 6(1) of the Immigration Act. By the time of the trial, they have already served their sentences.

8. No. 74 Sungei Kadut Street 1 was a large compound comprising of several tenants. At the time of the raid, the 5 immigration offenders were arrested at a scrapyard which Tropical Furniture had tenanted to M/s Al-Amna.

9. M/s Al-Amna was a company whose business involved motor vehicles (except motorcycles and scooters), as well as marine equipment and accessories (including marine navigational equipment and radar). At all material times, the directors of the company included Mr Shiraz and his elder brother, Mr Al-Amin. The registered office of M/s Al-Amna was located at 101 Kitchener Road #09-03 Jalan Besar Plaza. From that same office, both Mr Shiraz and Mr Al-Amin also ran a partnership styled as M/s Al-Amin & Associates. This partnership dealt in the general wholesale trade (including import and export).

Issues at the trial

10. Both Appellants disputed the Prosecution’s case that Mr Shiraz had authorised M/s Al-Amna to employ the 5 immigration offenders. Additionally, Mr Shiraz also denied the allegation that he had harboured them at the yard. The Appellants’ case was that M/s Al-Amna had sub-tenanted the scrapyard to M/s Al-Amin & Associates, and that the 5 immigration offenders were trespassers at all material times.

PROSECUTION’S EVIDENCE

11. The Prosecution’s case rested in the main on the evidence of 2 MOM officers involved in the raid, as well as the 5 immigration offenders concerned. Essentially, the MOM officers testified that the immigration offenders were seen either working or washing pots at the scrapyard at the material time. The 5 immigration offenders, on the other hand, testified that Mr Shiraz had allowed them to work and sleep at the yard.

MOM officers

12. According to Mr Mohd Nazri bin Deramin, Billal, Jubair and Jahangir were working besides a forklift when he arrested them. Some of them were carrying scrap metal at the material time. Mr Mohd Nazri took a photo of the said forklift (exh P30). The words ‘Al-Amna Pte Ltd’ can be seen on the right side of the forklift.

13. Mr Donovan Low Weng Kin testified that during the raid, he heard some clanging noises coming from the yard. When he went to investigate, Mr Low saw Ripon standing near to some tools and Alli washing some pots. Upon checking, Ripon produced a photocopied work permit as well as a name card from his wallet (exh P29). He stated that the company reflected in the name card was their (ie Alli and himself) boss. Alli, on the other hand, claimed that his documents were in his wallet kept at his sleeping place. After being handcuffed, Ripon and Alli brought Mr Low to a container (their sleeping place) which was less than 50 m away to retrieve Alli’s wallet. In the container, Mr Low saw clothing strewn around. Alli retrieved his wallet from a bag kept in a cupboard at the container. However, he could not produce any document from wallet to prove his identity.

14. According to Mr Low, later that same day, Ripon brought him to Mr Shiraz’s flat to retrieve his documents. At the flat, Mr Shiraz stated that a Bangladeshi agent had handed over Ripon to him. Mr Shiraz was however unable to provide the contact particulars of this agent.

Ripon Abdul Mannan

15. Ripon testified that he had been working at the yard since sometime in May 2000, and that it was his agent (one Alamgir) who first brought him there to meet Mr Shiraz.

16. On that occasion, the agent had told him that he would be working for Lalu (Mr Shiraz) at a factory. When they reached Sungei Kadut, they encountered a male Indian security guard, who allowed them to enter the premises after being informed that Ripon was going to work at Mr Shiraz’s factory. When Ripon met Mr Shiraz at the yard, the latter told him that (i) his work involved loading containers and opening parts of car engines, and (ii) the salary was $18 daily with overtime at $3 hourly. Apart from briefing him on work-related matters, Mr Shiraz also showed Ripon his sleeping area, which was a container at the yard (exh P21 & P22). At the material time, Mr Shiraz did not enquire into Ripon’s nationality and immigration status. Ripon commenced work the next day.

17. After working for 3 days, Mr Shiraz gave Ripon a name card (exh P29) and said that he could call him if there was anything. Ripon knew that the name card contained the name of Mr Shiraz’s elder brother, Mr Al-Amin. Ripon knew from his agent, fellow workers and Mr Shiraz that he was working for Al-Amin.

18. Ripon testified that during the period of his employment, it was Mr Shiraz who supervised his work and paid his salary. Ripon would receive his salary (which was in cash) about once every fortnightly at Mr Shiraz’s office at Jalan Besar. Ripon testified that he had to sign an acknowledgment whenever he collected his salary. Altogether, Ripon collected a total of $2,500 in salaries. According to Ripon, Mr Shiraz still owed him about $1000 in salary.

19. Ripon stated that Billal joined him at the yard about one month after he started work. Billal was later made the foreman. Before Billal was another Pakistani foreman, Baber. About 2 ½ months after working there, Jahangir and Jubair came. They were introduced to Mr Shiraz by his agent (Alamgir). One week thereafter, Alli joined them.

20. During the period of his employment, Ripon saw and greeted the Indian security guard when the latter went on his rounds in the premises. The guard knew that Ripon and his friends were working at Mr Shiraz’s scrapyard and would allow them to enter and leave the premises.

21. According to Ripon, he was arrested with Alli during the raid on 22 November 2000. At the material time, he was opening some parts of the car while Alli was washing dishes, pots and pans to prepare for breakfast. At the time of his arrest, Ripon retrieved the name card (exh P29) and his fake work permit from his sleeping quarters and gave it to the authorities so that they could talk to his boss, ie Mr Shiraz or his elder brother. As for Alli, the police was unable to find any papers from his wallet which was also kept there.

22. Ripon was later brought to Mr Shiraz’s office. There, the authorities asked Mr Shiraz whether he knew Ripon. Mr Shiraz admitted that Ripon was his worker. When the authorities asked for Ripon’s work permit, Mr Shiraz replied that it was with the agent.

23. According to Ripon, at all material times, he was working and staying at the scrapyard with the ‘full knowledge and permission’ of Mr Shiraz.

Billal

24. According to Billal, he had already been working at the scrapyard for about 6 months before his arrest on 22 November 2000. He came to secure the job through his Bangladeshi agent, Anis, who introduced him to Mr Al-Amin. This introduction was at Serangoon Road (in front of the Mustapha Centre). Billal was told that he would be working for Mr Al-Amin. Anis left after the introduction, and Billal lost contact with him thereafter.

25. After the introduction, Mr Al-Amin brought Billal to the scrapyard. There, he met Mr Al-Amin’s younger brother, Mr Shiraz. Mr Shiraz told Billal that he would be working for him and showed Billal the work he had to do, which was to dismantle old car parts and put them into containers. Both Mr Shiraz and Mr Al-Amin told Billal that his salary was $30 per day with no overtime pay, and that his working hours was to be from 9 am to 10 pm. Mr Shiraz also showed Billal his sleeping quarters, which was a container: see exh P18, P21 & P22.

26. According to Billal, Ripon was already working at the scrapyard when he...