Radio on catamaran not used because I panicked — skipper

KOTA KINABALU: The Sessions Court here yesterday heard testimony that the catamaran boat had a functional communication equipment. However, the boat skipper did not put it to use due to a panic situation.

Sharezza Salian, 27, testified before judge Noor Hafizah Mohd Salim, during cross-examination by the prosecution on the second day of trial in the defence stage of the case involving the catamaran boat ferrying China tourists that capsized while on its way to Mengalum Island, last year.

Deputy public prosecutor (DPP), Nartiah F. Mirchelle Sambatan, asked, “When you knew water had entered the boat, did you make an emergency call or any call for help?”

Sharezza answered that at Mengalum Island, there was no line to be able to use his handphone.

“How about communication equipment on the boat, is it there or not?” Nartiah asked.

Sharezza answered, “Yes there is, but I was busy helping Ah Choi (removing water out from the boat).”

Nartiah asked again, “Did you use it?”

Sharezza answered, “Because I panicked, I did not use it.”

To another question by Nartiah, Sharezza admitted that he knew how to operate the communication equipment on the boat and when he was asked whether he agreed that he was supposed to use the communication equipment which he did not use it, he answered, “I am not sure. I panicked.”

Nartiah asked, “I am saying to you, not only that you did not know how to use the communication equipment (in the boat) to get help, you also did not know how to use the equipment since there was not enough training given to you beforehand,” which Sharezza agreed.

To another question by Nartiah, Sharezza said that Aman, Ah Choi and him took turns to handle the boat as there were more work loads to do at the back of the boat.

He also explained that Ah Choi was the first one who saw water entering the boat, and when Ah Choi informed him about it, the water level inside the boat was already above his ankle.

To another question by Nartiah, Sharezza said that the sea waves at that time were not strong and he steered the boat slowly at a speed reading of about 18-20 knots on the boat speedometer.

Sharezza also denied Nartiah questions that he steered the boat slowly due to excess passengers load which prevented the boat from moving faster.

He also denied another question of not making a thorough check on the boat's condition and life jackets before departing for Mengalum Island.

Sharezza was testifying as the first defence witness in the trial where he faces several charges along with two others, 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.

Sharezza and Leong were charged with causing hurt to 20 passengers, all from China, aged between 17 and 50 years old, by taking the boat to sea negligently so 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 each charged under Section 304A of the Penal Code for the alleged offence.

Sharezza and Leong also face two joint charges 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 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 license on the passenger boat at all times, which is an offence 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 read together with Section 34 of the Penal Code. Sharezza has admitted to the offence on February 4, for which he was sentenced to six months 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 9.15 am and 11 am on January 28, 2017.

To another question by Nartiah, Sharezza said that he was a skipper for nine months before working at Golden Sailing where he handled a catamaran boat from Tanjung Aru jetty to Mengalum Island about four to five times.

However, he said, Leong has never enrolled him to any boat course and that he only received a 30-minute instruction from a man named Din, who is also an employee at Golden Sailing.

Sharezza also answered Nartiah's question that the instruction given to him was enough to make him proficient at his job as a skipper.

To another question by Nartiah on what Sharezza's job was as a skipper, he answered, “Hold on to the steering wheel.”

“Did Leong Vin Jee or Golden Sailing tell you that there was a crack at the boat transom?” Nartiah asked.

Sharezza answered that only Din had told him about it but he was not yet an employee at Golden Sailing company.

“He (Din) told me there was a damage at the back (part) of the catamaran boat,” Sharezza said, and added that he had fixed the cracked part of the boat at Pulau Gaya after which Din told him that he (Sharezza) could work at Golden Sailing as the boat was fixed.

To another question by Nartiah, Sharezza agreed that he would not bring the passengers to Mengalum Island if he knew the regulation on the passenger limit of 12 passengers and two crews.

“Because he (Leong) did not give it (the boat license) to me,” said Sharezza, who earlier claimed that he did not know how to read.

He also agreed with Nartiah that his claim that the boat could carry 28 passengers was only based on looking at the size of the catamaran boat.

Nartiah together with a DPP from the Malaysian Maritime Enforcement Agency, Nurun Nazifah Muhammad Iyen, prosecuted. Counsels Michelle Rossana Usman and Benazir Japiril Bandaran defended Sharezza while counsels Edward Paul and Elffie Johnny defended Leong and Chung.

Also present was Even Chee Vui Siong, who holds a watching brief for the victims.

The trial continues today.