31 January 2005 – Mr. Luis T. Cruz, Chargé d’Affaires (CDA) of the Philippine Embassy in Kuala Lumpur Malaysia reported to the Department of Foreign Affairs today that the 15 Filipinos initially apprehended for attempting to smuggle a sizeable amount of diesel fuel out of Malaysia have been freed by the Malaysian Marine Police and allowed to return to the Philippines aboard their vessel after paying a fine and confiscation of the cargo.

CDA Cruz earlier informed the Department about the Filipinos being held in Sandakan by Malaysian Marine Police on 26 January 2005 for attempting to smuggle out of the country more than 8,000 liters of diesel in numerous containers.

Acting on the case immediately, CDA Cruz dispatched Consul Antonio A. Morales who met on 29 January with Sandakan Marine Police Deputy Superintendent Rosman Ismail to make representations on behalf of the group of 15 Filipinos.  The Filipinos were onboard the M/L Janino Express, a 100-foot long narrow boat (locally known as a kumpit), whose skipper was identified as Mr. Cesar Abdurajak.

CDA Cruz reported that the Filipinos were later released and allowed to go their way after paying a fine of 3,000 Malaysian Ringgit (approximately PhP45,000) and after authorities confiscated the 8,400 liters of diesel fuel contained in 37 drums and 40 plastic containers onboard the vessel.  Mr. Abdurajak and his 14 crewmen were allowed to depart aboard the M/L Janino Express.

Deputy Superintendent Rosman explained to Consul Morales that the 15 Filipinos were apprehended under the Malaysian Controlled Items Act.  Under this law, the illegal exportation of commercial quantity of diesel is considered not a criminal offense, but an administrative offense punishable by a fine imposed by the Ministry of Domestic Trade and Consumers’ Affairs.

Further, the names of the Filipinos found in the vessel’s crew list were not taken by the authorities, since they were not apprehended for immigration or other criminal offenses. END
 

/jay