Step up border security with the latest state-of-the-art technology and new strategies to disrupt illicit traders’ supply chain to deter them from using Malaysia as their main market or transit point, said a well-known legal columnist in a statement today.
His comments came following the recently amended the Customs Act of 1967, in which the Government increased the penalties for illicit traders under Section 135 of the Act.
R. Paneir Selvam, Senior Lecturer at HELP University Faculty of Business, Economics and Accounting and Institute Crime and Criminology, said, “The Government has made the right move. However, will increased penalties dissuade illicit traders from engaging in illicit activity? It remained questionable.
“The position on economic crime legislation must be reconsidered right now. This is because the current economic downturn, along with the Covid 19 outbreak, will give a window of opportunity for these illicit traders to ramp up their operations and profit handsomely.”
According to Selvam, the current law requires the prosecution to prove a prima facie case against the accused. The accused must throw doubt on the prosecution’s evidence in order to be acquitted. “This approach is best suited for traditional crimes such as murder or robbery.”
“For economic crimes such as fraud, bribery, corruption, or unlawful goods trading, the burden of proof should be moved to the accused rather than the prosecution, as the UK Fraud Act 2006 does.
“This is because the origin of the goods comes from one country and the said items are marketed in another, and this form of crime is usually committed by organised crime. So, for example, contraband cigarettes are smuggled from Indonesia and sold in Malaysia,” he explained.
“Therefore, it is the Government’s responsibility to plug the loopholes in the system by pursuing them aggressively. “
Selvam lauded the Government’s recent investment in unmanned aerial vehicles (UAVs) and drones to monitor the porous border as part of ‘Ops Benteng’. “It is time to put these investments into better use like expanding the borders surveillance beyond illegal immigrants and include other illegal activities like the smuggling of contraband cigarettes.”
“We must realise that these criminals are always thinking outside the box to continue their lucrative trade despite the risk. As a result, lawmakers and enforcement agency officers must think like them to combat this crime, which not only harms our country’s economy but also its reputation and people’s health.”
“The continued reinforcement of law that gives relevant authorities more power, as well as the use of cutting-edge technology to equip the agencies’ officers, will maximise the chance of deterring these smugglers. Meanwhile, these authorities must be transparent and accountable if any of their officers collide with such smugglers, and such errant officers must face stiff consequences,” he concluded.
R. Paneir Selvam, is currently a Senior Lecturer at the Institute of Crime and Criminology at HELP University, Kuala Lumpur, Malaysia where he teaches a variety of programmes at the undergraduate and postgraduate level. His interests lie in issues concerning terrorism, criminal liability and human rights. He has undertaken research in terrorism, transnational money laundering, organised crime, corporate criminal liability and terrorist funding post 9/11 and is a regular commentator and contributor to various media and news portals.
