June 8 ruling in Catamaran capsize case

KOTA KINABALU: The ruling in the case of three persons who face up to 10 charges arising from the catamaran capsize that resulted in the death of four China tourists on the way to Mengalum Island has been deferred to June 8.

Sessions Court judge Noor Hafizah Mohd Salim put off the case of Sharezza Salian, 25, the skipper, Leong Vin Jee, 44, the operation manager of Golden Sailing travel company, and Chung Ket Siew @ Chung Siaw Ping, 64, the owner of Golden Sailing travel company.

On March 16, 2017 the trio claimed trial to the charges which were read to them.

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 was framed under Section 337 of the Penal Code.

Sharezza, Leong and Chung are also alleged to have negligently caused the death of four China nationals, including two women, aged between 27 and 49, but not amounting to culpable homicide. The charges are framed under Section 304A of the Penal Code.

Sharezza and Leong also face two joint charges of 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.

Meanwhile, Leong and his mother, Chung, were jointly accused of failing to keep the boat license 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 is 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, a travel company in Asia City here and the waters off the coast of Mengalum Island here between 9.15 am and 11 am on January 28, 2017.

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

The prosecution led by deputy public prosecutor Nartiah F. Mirchelle Sambatan, closed its case on April 2 with 39 witnesses.