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Kuching man fined MYR10,000 for using mobile phone in online gambling case

Court rules smartphone used in illegal gambling credit operation qualifies as gaming machine.

man fined

Key points:

- Accused pleaded guilty under Section 4B(a) of the Common Gaming Houses Act 1953

- Offence committed during a police raid at a café in Kota Sentosa

- Expert analysis confirmed the device was used for gambling-related transactions

A 28-year-old man has been fined MYR10,000 ($2,130) by the Magistrates’ Court in Kuching for using his mobile phone to engage in online gambling activities, as reported by The Borneo Post. In default of payment, the man faces six months in prison.

Magistrate Mason Jaro Lenya Barayan delivered the sentence after the accused, Tiruparen K. Perumal, pleaded guilty to a charge under Section 4B(a) of the Common Gaming Houses Act 1953. The section stipulates a fine ranging from MYR10,000 to MYR100,000 for each gaming machine involved, with the possibility of up to five years' imprisonment.

The offence took place on 27 October 2021 at approximately 3.10pm during a police raid at a café located in Kota Sentosa’s 7th Mile. Authorities acted on intelligence regarding suspected illegal gambling activities at the premises.

Good to know: Under Malaysian law, a mobile phone can be classified as a “gaming machine” if it is used to manage or facilitate gambling activities

In this case, the accused was believed to be functioning as a credit top-up agent for an online gambling site. An expert analysis of the phone confirmed that it had been used for gambling credit transactions, supporting the prosecution's case.

Tiruparen was represented in court by counsel Russell Lim. The prosecution maintained that the mobile phone, as a device instrumental in the operation, fell within the legal definition of a gaming machine, thus warranting the minimum penalty. The ruling underscores ongoing efforts by law enforcement to curb the growing trend of mobile-enabled gambling.


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