Two years' jail, RM50,000 fine over bear's body parts
KOTA KINABALU: A rubber tapper was sentenced to two years’ jail plus RM50,000 fine, in default, six months’ jail for having the body parts of a Malayan sun bear.
Sessions Court judge Ainul Shahrin Mohamed meted out the sentence on Jupilin Mojungkat, 43, during his sentencing, yesterday.
He pleaded guilty to the charge when the case came up for trial on Wednesday while the co-accused, Morin Masain, 28, maintained his plea of not guilty, which the court fixed July 17 for continuation of trial, pending the outcome of representation.
They were jointly charged with possessing four paws and a gallbladder of the animal at a food court at Asia City here at 11.45am on August 20, 2016.
The Malayan sun bear or its scientific name Helarctos Malayanus, is an endangered species which is fully protected under the Wildlife Conservation Enactment 1997.
Both the accused were charged under Section 41(1) of the Wildlife Conservation Enactment 1997, which carries a fine of up to RM50,000 or a jail term of up to five years, or both, upon conviction.
In mitigation, counsel Ram Singh, who represented Jupilin, submitted a written submission to the court, which requested for a minimum fine to be imposed against his client.
It was further explained in the written submission that Jupilin, who lives in the interior part of Pitas at Kampung Dowokon, was not aware that such act was tantamount to an offence.
Furthermore, Jupilin had no knowledge of any restriction or notices put up regarding protected animal species under the Enactment as well as the need to obtain authorization for having the body parts of the animal.
It was also stated that Jupilin is a first-time offender and has old parents who needed his support.
Meanwhile, prosecuting officer Abdul Karim Dakog from the Wildlife Department said Jupilin had committed a serious offence which got the attention not only from within the country but also abroad, the government and nongovernmental organizations as well.
He highlighted that the bear species are on the verge of extinction and the extinction rate will accelerate if it is not prevented.
Taking into account public interest and as a lesson to Jupilin and to would-be-offenders, Abdul Karim urged the court to imposed a deterrent sentence on Jupilin.
The court also ordered for the jail sentence to take effect from the day of conviction, which was on Wednesday.
However, Ram applied for a stay of execution pending an appeal against the sentence at the High Court here.
Ainul allowed the stay of execution for the jail sentence with a bail of RM10,000 in a local surety, but ordered for the fine to be paid.
Counsel Michelle Rossana Usman represented Morin.