PUTRAJAYA: The Court of Appeal granted leave to two men to appeal the RM1.1mil fine each imposed by the Magistrate’s Court for transporting prohibited imported goods valued at RM145,440, in 2018.
The three-judge panel, consisting of Justices Datuk Che Mohd Ruzima Ghazali, Datuk Azman Abdullah and Datuk Azmi Ariffin, granted the application, filed by Chan Wah Chuan, a company director, and Joseph Onod, a lorry driver.
Justice Ruzima allowed one question of law to be raised and decided during the appeal hearing.
He also granted bail of RM100,000 each to the two men, in two sureties, pending the outcome of their appeal.
Additionally, the two men were ordered to surrender their passports to the court, and to report to the nearest police station in the first week of each month.
On Aug 30, last year, the Magistrate’s Court convicted Chan, 46, and Joseph, 39, for the offence, and imposed a fine of RM1.1mil each, in default of 12 months’ imprisonment.
They were found guilty of transporting 2,304 boxes of Maximus X-Strong Beer and an additional 120 boxes of the same beer, both of which are prohibited for importation under Item 1, Third Schedule, Part II of the Customs Order (Import Prohibition) 2017.
The offence allegedly occurred at KM 45 of the Shah Alam Expressway, heading towards Sri Petaling, Selangor, at 10.40 am on Sept 14, 2018.
On Aug 27, this year, the High Court upheld the fine, but increased the imprisonment term to six years, instead of 12 months, if the men failed to pay the fine.
As the case originated from the Magistrate's Court, Chan and Joseph were required to seek leave from the Court of Appeal to proceed with their appeal.
During the proceedings, the duo’s lawyer, S. R. Raman, sought permission to present 14 questions of law for arguments at the appeal hearing.
Deputy public prosecutor, Zander Lim Wai Keong, meanwhile, requested RM100,000 bail, arguing it was appropriate to ensure both men attended court, though Raman sought a reduced amount.- Bernama
