Accused in catamaran case ordered to enter defence
KOTA KINABALU: The three persons who were charged at the Sessions Court here in a case involving the catamaran ferrying China tourists that capsized on its way to Mengalum Island were ordered to enter their defence on August 27-30 this year.
Judge Noor Hafizah Mohd Salim made the decision on 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 during a ruling at the end of the prosecution stage yesterday.
She held that the prosecution had established a prima facie case against the accused persons.
However, the judge also discharged and acquitted Chung from two of her charges as the prosecution had failed to prove a prima facie case against her.
Sharezza and Leong were separately charged with causing hurt to 20 passengers, all from China aged between 17 and 50, by taking the boat to the 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.
Both of them were 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. They were separately charged under Section 304A of the Penal Code for the alleged offence.
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 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.
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 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.
Apart from that, Leong was also charged with conveying overloaded passengers by water in the catamaran that endangered the lives of the passengers.
For the alleged offence, Leong was jointly charged with Sharezza under Section 282 of the Penal Code and read together under Section 34 of the Code. But Sharezza admitted to committing the offence on February 4, to which he was sentenced to six months in jail.
All of the alleged offences were committed at Kampung Tanjung Aru Lama jetty, a travel company in Asia City and the waters off the coast of Mengalum Island here between 9.15am and 11am on January 28, 2017.
Earlier, counsel Edward Paul who defended Leong and Chung told the court that they would produce six witnesses during the defence stage while counsel Michelle Rozanna Usman, who defended Sharezza, would call two defence witnesses.
Deputy public prosecutor (DPP) Nartiah F. Mirchelle Sambatan and DPP from the Malaysian Maritime Enforcement Agency, Nurun Nazifah Muhammad Iyen, acted for the prosecution.
Edward appeared together with Elffie Johnny while Michelle appeared with Benazir Japiril Bandaran from the National Legal Aid Foundation.
Also present was counsel Chin Yuen Fong who held a watching brief for the victims.