Fisherman recounts rescue of China tourists at sea
KOTA KINABALU: A fisherman told the Sessions Court here yesterday that the China tourists who were the victims of the catamaran tragedy cried after they were rescued by the fisherman and his other crew members.
Larahe Lakule, 39, testified before Judge Noor Hafizah Mohd Salim as the 23rd prosecution witness in the case of three persons who face up to 10 charges involving the catamaran boat which sunk on its way to Pulau Mengalum in January.
Sharezza Salian, 25, who was the skipper, Leong Vin Jee, 44, the operations manager of Golden Sailing travel company, and Chung Ket Siew @ Chung Siaw Ping, 64, who was the owner of Golden Sailing travel company, claimed trial to the charges which were read to them on March 16.
They were charged separately 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.
The alleged offence framed under Section 337 of the Penal Code, carries a jail term of up to six months or a maximum fine of RM1,000, or 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 framed under Section 304A of the Penal Code, which provides for a jail term of up to two years, or a fine, or 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 the appropriate safety equipment at all times and for embarking the passengers at Kampung Tanjung Aru Lama Jetty here, which was not a designated landing point.
The alleged offences were framed under Rule 16 of the Ports and Harbours (Sabah Licensed Small Ships) Regulations 2008 and Rule 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, and were charged under Rule 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 Rule 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 the examination in chief by deputy public prosecutor Nartiah M Sambathan, Larahe, who was called to testify during the continuation of the trial in the afternoon which started at 2.25pm, told the court that the victims were found near Labuan and Brunei about 5pm on January 29.
Nartiah: How many people did you take into your vessel? Larahe: 23 people. Nartiah: How many were still alive? Larahe: 20 people. Nartiah: How many died? Larahe: Three. Nartiah: The deceased, how many men or women?
Larahe: Two men and a woman.
In narrating the rescue, the witness said he and six others were fishing when he saw a human figure waving a short distance from their vessel and they decided to go near to investigate.
Then they saw three persons comprising a man who was wearing a life jacket while another man together with a woman were on lifebuoys.
They immediately rescued the victims who cried once plucked from the sea.
To a question by Nartiah, Larahe said he and his friends were aware that a boat had sunk, as a friend, who was informed by the maritime about the incident, had told them.
He also said that the condition of the three victims, who were rescued, were bad, as the victims could only move their arms and had wounds on their faces and hands.
Larahe and his friends gave the victims mineral water to wash their faces and to drink.
After hearing the victims talk in an unknown language to them, including saying ‘si si', Larahe thought there might be more victims out there.
Therefore, he told the other crew members to move the vessel forward and after a few minutes, they saw more people ahead.
They rescued 18 more victims and another two victims were found dead.
Larahe and his friends brought them up to the vessel one by one.
In the vessel, Larahe said they made drinks such as coffee, milk and even porridge for the victims.
As the night crept in, they headed back to Kota Kinabalu (KK) and arrived at the marine police jetty near Suria Sabah Shopping Mall here at 1.40am.
To a question by Nartiah, Larahe said their vessel was equipped with a radio and he had informed that they had found the victims before they reached Kota Kinabalu.
To another question by Nartiah, he said one of the 18 victims did not wear a life jacket.
He also told the court that 30 life jackets, five lifebuoys a gallon of oil and two small ropes were also taken into their vessel.
The life jackets and lifebuoys, which were brought to court and which looked damaged, were already in that condition when the items were taken into the vessel, said Larahe.
The trial will continue on January 8-12 next year with 12 more witnesses to be called.
Counsel Edward Paul and Elffie Johnny defended Leong and Chung while Sharezza is defended by counsel Michelle Rossana Usman and Benazir Japiril Bandaran from the National Legal Aid Foundation (NLAF).