Tour bus driver told to pass six tourists to ‘Ah Leong’

KOTA KINABALU: A tour bus driver told the Sessions Court here yesterday that he was told to pass six tourists to ‘Ah Leong’ at Tanjung Aru jetty here on January 28, 2017.

Roslan Ishak, 34, testified before judge Noor Hafizah Mohd Salim as the 25th prosecution witness in the case of three individuals facing up to 10 charges involving the catamaran which sank on its way to Pulau Mengalum in January last year.

Sharezza Salian, 25, who was the skipper, Leong Vin Jee, 44, the operation manager of Golden Sailing travel company, and Chung Ket Siew @ Chung Siaw Ping, 64, who is the owner of Golden Sailing travel company, claimed trial to the charges which were read to them on March 16, 2017.

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 is 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, which was 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, 2017.

During examination in chief by deputy public prosecutor Nartiah M. Sambathan, Roslan said that he was contacted by ‘Karen’, an operation manager, on January 27, 2017 through WeChat.

In the message, he said that he was assigned to fetch the tourists from a hotel here at 7.40am on January 28, 2017 and brought them to the jetty and passed them to ‘Ah Leong’.

He identified at the court that ‘Ah Leong’ is Leong and said that he never knew about Leong and had seen him at the airport and jetty for about four months.

To another question by Nartiah, he said that he was in front of the hotel at 6.30am to wait for the tourists and waited for about 20 to 30 minutes.

Then, five tourists came to him, consisting of two women and three men, while another tourist did not come due to a stomachache and so, he picked up only five tourists that day.

He also told the court that they arrived at the jetty at 8.40am but neither the boat crew nor Leong were to be seen.

So, he took the tourists to a grocery store at the end of the jetty and told the grocer that they were with Leong, to which the grocer replied to leave the tourists there and then he left.

On his way to leave the jetty, he saw Leong and told him that he left the five tourists at the grocery shop.

To another question by Nartiah, he said that he did not wait for the tourists to get on the boat because he was rushing to pick up other tourists for a Kota Kinabalu day trip.

He also told the court that previously, he had delivered tourists to Leong’s company for Pulau Mengalum trips about four times and he also did not know the name of Leong’s company.

To another question by Nartiah, Roslan said that he found out that the boat sank from a WhatsApp group on January 30, 2017.

He explained that only four of the tourists he sent to the jetty were safe while another was not found.

He said that the company where he worked at that time called him to bring the tourist who did not join them to the jetty due to stomachache, to the hospital.

Counsels Edward Paul and Elffie Johnny defended Leong and Chung while Sharezza is defended by counsel Benazir Japiril Bandaran from the National Legal Aid Foundation.

The trial continues today.