Court acquits factory supervisor of trafficking Cambodian workers

KLANG: The High Court here has acquitted a factory supervisor of six charges of trafficking six Cambodian nationals for forced labour.

Justice Shamsulbahri Ibrahim held that the conviction of Diong Yeou Chin under Section 12 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act was unsafe.

In 2024, the sessions court found Diong and a Cambodian woman, Ith Eamy, guilty of trafficking the six workers between 2020 and 2022 at Jalan Yadi, Kampung Sungai Udang.

They were sentenced to five years’ jail each and fined RM4,000.

However, Ith’s appeal was struck off after she absconded, leaving Diong to continue his appeal alone.

In allowing Diong’s appeal, Shamsulbahri said that he exercised no supervisory control, dominion, or authority over the six Cambodians between 2020 and 2022, and that Diong did not make any threats against them.

“The accused is an owner of D&L Vista Resources Sdn Bhd, where his company facilitated salary payments to the undocumented workers for another company, Impact Metal Sdn Bhd.

“He was neither the victims’ agent nor employer. The victims admitted that they came here to work and improve their standard of living,” he said.

Shamsulbahri said while the workers’ passports were retained by Ith, there was no proof that Diong withheld salaries or restricted movement.

“They even enjoyed moving in and out of their workplace and home. Their failure to leave (work) was attributed solely to their apprehension of being arrested by enforcement officers,” he said.