Fisherman jailed, fined for fish bombing, entering restricted area
KOTA KINABALU: The High Court here sentenced an elderly man to a total of 30 months’ jail and increased his fine by RM3,000 to his previous total fine of RM8,000 for fish bombing under an oil rig and illegally entering the restricted area in Kota Belud.
On the first charge, Justice Datuk Nurchaya Hj Arshad jailed Shaik Mohd Godian, 69, for 24 months and increased his previous fine from RM7,000, in default, 12 months’ jail to RM10,000, in default, six months’ imprisonment.
On the second charge, the judge sentenced him to six months behind bars but maintained his previous fine of RM1,000, but in default, three months which was earlier ordered in default, six months.
Shaik’s total fine now is RM11,000, in default, nine months’ imprisonment. The judge made the orders on Shaik after allowing an appeal by the prosecution to have Shaik’s fine imposed by the lower court on August 24, 2017 varied.
The respondent (Shaik) had pleaded guilty at the lower court after his defence was called and on the first count, Shaik was fined RM7,000, in default, 12 months’ jail for using fish bombs at the oil rig which could likely endanger life or damage the company’s property, on July 28, 2015.
Shaik, who is said to be suffering from tuberculosis and hearing problem, was convicted under Section 6 of the Explosives Act 1957, which carries a jail term of up to seven years or a fine of up to RM10,000 or both,upon conviction.
The lower court then fined him another RM1,000, in default, six months’ jail for his second count of entering the area without any permit at the same place and time.
The charge was under Section 7 of the Protected Areas and Protected Places Act 1959 which provides for a jail term of up to two years, or a fine of up to RM1,000, or both, upon conviction.
The judge ordered Shaik to serve his jail terms concurrently from yesterday.
The respondent, who was represented by counsel Erveana Hj Ansari had claimed trial to both the charges on Aug 19, 2015.