Drowning is cause of China tourist’s death, court told

KOTA KINABALU: An investigating officer for Sudden Death Report (SDR) told the Tourism Court here yesterday that one of the male China tourists who was on board the catamaran, died due to drowning.

Inspector Wan Mohd Huzaifi Wan Ibrahim who was testifying before judge Noor Hafizah Mohd Salim, said that the post-mortem report which he had seen and read stated that drowning was the cause of death of 46-year-old He Runyuan.

He testified that the report was received on February 3, 2017 at 10.50pm from the hospital.

Under examination-in-chief by deputy public prosecutor Nartiah F. Mirchelle Sambatan, the witness further said in his statement which was later tendered to court that before the post-mortem commenced, the deceased was identified by his wife.

He further testified that the deceased’s wife identified her husband by his face.

The accused persons - Sharezza Salian, 23, Leong Vin Jee, 44, and Chung Ket Siew @ Chung Siaw Ping, 64, who are facing up to 10 charges pleaded not guilty to each of their charges which were read to them on March 16, 2017.

Sharezza, who was the skipper, Leong, the operation manager of the travel company, and Chung, who is the owner of the travel company 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.

The offence was framed 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 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 which was framed under Section 304A of the Penal Code.

The indictment 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 passengers at Kampung Tanjung Aru Lama Jetty here, which is 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, 2017.

Leong and Chung were represented by Edward Paul and counsel Hamid Ismail, assisted by Benazir Japiril Bandaran while Michelle Usman under the National Legal Aid Foundation represented Sharezza.

The trial resumes today.