KOTA KINABALU: The first accused, who is on trial for allegedly bringing five Filipinas into Malaysia for the purpose of prostitution, was not working at Hot Spa in Donggongon in September last year, the Sessions Court heard yesterday.

Chan Chew Hui, a 40-year-old housewife, said at that time, Lim Se Lan, 34, worked as a cashier.

The prosecution’s fifth witness told Judge Ismail Brahim this during cross-examination by counsel Dr Lim Hock Leng who represented Lim.

Lim and Ling Siew King, 40, both businesswomen, were accused of assisting in bringing the five Filipinas about 9.30pm last Sept 21, 2008 at Hot Spa Reflexology, Block A, Lot 1, First Floor, Bundusan Plaza, Penampang.

The offence under Section 372 (1)(b) of the Penal Code carries a jail term of up to 15 years and whipping and probably a fine.

The duo were also charged under Section 55B (1) of the Immigration Act 1959/63 for allegedly employing the five Filipinas who did not have any legal work permits at the same time, place and day.

Under the Act, the offence carries a fine of between RM10,000 and RM50,000 for each such employee.

Lim was also charged with illegally possessing five passports belonging to the Filipinas about 8.15pm on Sept 24, 2008 inside a vehicle bearing registration number SS876J at Bundusan Plaza car park in Penampang.

Lim could be fined up to RM10,000 or jailed up to five years if she is found guilty of the alleged offence under 12(1)(f ) of the Passport Act 1966 punishable under Section 12(2) of the same act.

Lim and Ling also faced an alternative charge under Section 13 of the Anti-Trafficking in Person Act 2007 for allegedly trafficking in the five Filipinas for purposes of exploitation by using threat, violence and inducement at the said Reflexology premises about 9.30pm on Sept 21, 2008.

The Act provides for a jail term of between three and 20 years and also liable to a fine on conviction.

Counsel Ronny Cham represented Ling.

Meanwhile during re-examination-in-chief by Deputy Public Prosecutor Nartiah F Mirchelle Sambatan, Chan told the court that she knew that Lim was not working at the Hot Spa when the latter was arrested by police in September 2008.

Chan added that she worked near Lim’s workplace.

However, she agreed with Nartiah that the former had never gone to Lim’s workplace.

Earlier during examination-in-chief, Chan identified the pictures shown to her by the prosecution as the pictures of a vehicle driven by Lim who is her cousin, since a year ago. The witness also identified Lim in court.

To another question from Nartiah, Chan said she knew that Lim was arrested by police in Sept, 2008 when she (Lim) phoned her about the arrest and asked her to go to the Karamunsing Police Station.

Chan told the court that the police asked her to bring the vehicle to the said police station, and added that when police arrested Lim the car was already at the police station.

Two days after that, police personnel from Penampang asked her to take back the vehicle, Chan said.

Prior to that, Chan said she did drive the vehicle but not often.

Meanwhile, the prosecution’s sixth witness Inspector Mohd Jazlan, 26, told the court that he lodged a report on Sept 27, 2008, about the seizure of the vehicle from Chan.

The police officer attached to the Penampang Police Station said that he seized the vehicle following instructions from the Investigating Officer (IO) of the case.

Counsel Mary Lee is holding a watching brief for two NGOs – Seri Murni Crisis and Sabah Women Action Resource Group (Sawo).

Lim and Ling are currently released on RM10,000 bail but with RM2,000 deposited with two local sureties each.

Trial continues today.