Two men arrested over catamaran tragedy, court told

KOTA KINABALU: A police officer told the Sessions Court here yesterday that two men were arrested to assist in investigation into the catamaran’s capsize that resulted in four Chinese tourists drowning in the sea while on their way to Mengalum Island in January this year.

Inspector Mohd Zahiri Mohd Saad, 35, who appeared before judge Noor Hafizah Mohd Salim, testified that the arrests were made on January 30 and a police report was made on the same day.

In the report, he said that the two men, namely Sharezza Salian, 25, and a Filipino, Muhammad Andal, 39, were arrested, upon receiving instructions from his superior and the men were put in police lock-up here.

In reply to a question by deputy public prosecutor (DPP) Nartiah F Mirchelle Sambatan, Mohd Zahiri identified Sharezza, who appeared in the court yesterday, as one of the men he arrested.

In cross-examination by counsel Benazir Japiril Bandaran, Mohd Zahiri said that he was not sure whether Sharezza received any medical treatment before or after the arrest.

He said Sharezza was given food during the arrest.

To another question by Benazir, he was also unsure if Sharezza was brought to the police station here by boat.

Mohd Zahiri, who was the 19th witness, testified in the trial of the three persons who face up to 10 charges over the catamaran tragedy.

On March 16, Sharezza, who was the skipper; Leong Vin Jee, 44, the operation manager of the travel company, and Chung Ket Siew @ Chung Siaw Ping, 64, who was the owner of the travel company, pleaded not guilty to their charges which were read to them.

The three accused were each charged with causing hurt to 20 passengers, all from China, aged between 17 and 50, by taking the boat to sea so negligently as to endanger human life or the personal safety of others.

They were charged under Section 337 of the Penal Code, which carries a jail term of up to six months or a maximum fine of RM1,000, or to both, upon conviction.

Sharezza, Leong and Chung were also alleged to have negligently caused the death of four China nationals, including two women, aged 27 and 49, but not amounting to culpable homicide.

The charges were under Section 304A of the Penal Code, which provides for a jail term of up to two years, or a fine, or to both, on conviction.

Sharezza and Leong also face two joint charges under the Ports and Harbours Regulations 2008 for failure to keep on the passenger boat with the appropriate safety equipment at all times and for embarking the passenger at Kampung Tanjung Aru Lama Jetty here, which was not a designated landing point.

The offences were framed under Regulation 16 of the Ports and Harbours (Sabah Licensed Small Ships) Regulations 2008 and Regulation 13 of the Ports and Harbours (Ports, Harbours and Dues) Regulations 2008, respectively.

The indictment carries a maximum fine of RM500,000 or a jail term of up to two years or both, on conviction.

Meanwhile, Leong and his mother, Chung, were jointly accused of failing to keep the boat licence on the passenger boat at all times, which was charged under Regulation 9 of the Ports and Harbours (Sabah Licensed Small Ships) Regulations 2008.

Chung was also alleged to have employed Sharezza as the skipper of the boat without altering and reporting the particulars of the skipper to the nearest licensing authority, an offence framed under Regulation 13 of the Ports and Harbours (Sabah Licensed Small Ships) Regulations 2008.

All of the alleged offences were committed at Kampung Tanjung Aru Lama Jetty, at a travel company in Asia City and in the waters off the coast of Mengalum Island here between 9.15am and 11am on January 28.

In chief-examination by Nartiah, the 20th witness, Sergeant Pius Robert, 48, told the court that he had received 12 items in relation to the case of the ill-fated catamaran tragedy, from his superior on February 9.

He said that the items received, consisting of life jackets, life buoys, a gallon of oil and two white ropes, were kept in a locked storeroom and only taken out to court as exhibits.

To another question by Nartiah, he also said missing items had never happened and no one had ever broken into the storeroom.

The trial will be continued on Nov 17, 23-24 this year.

Nartiah appeared together with DPP Nurun Nazifah Mohd Iyen from the Malaysian Maritime Department for the prosecution.

Counsel Edward Paul and Elffie Johnny defended Leong and Chung while Sharezza is defended by Benazir Japiril Bandaran from the National Legal Aid Foundation (NLAF).

Also present was counsel Chong Chui Lin @ Shanti who is holding a watching brief for the catamaran victims.