Court stays jail sentence of operations manager over catamaran capsize

KOTA KINABALU: The operations manager of a travel company who was sentenced to jail over the capsize of a catamaran while ferrying China tourists to Mengalum Island was granted a stay of execution by the High Court here yesterday.

Justice Datuk Nurchaya Arshad made the decision in the case of Leong Vin Jee, 46, after allowing him bail of RM15,000 in two local sureties, pending disposal of his appeal to the High Court.

The court also ordered for Leong's passport to be surrendered to the court and for him to report to Luyang police station every week.

Leong, together with his mother, Chung Ket Siew @ Chung Siaw Ping, 66, who is also a director of the travel company, and the boat skipper, Sharezza Salian, 27, had previously been found guilty after a full trial at the Sessions Court here on March 1.

Leong was sentenced to a total of four years and six months' jail for six charges while the boat skipper received a total of three years and six months jail for four charges and Leong's mother was placed on probation for good conduct for two years for her two charges due to her health condition. Each of them was also ordered to pay prosecution cost of RM3,000, in default, 60 days jail.

Leong together with the skipper, were each jailed six months for causing hurt to 20 passengers, all from China aged between 17 and 50, by taking the boat to sea negligently so as to endanger human life or the personal safety of others, the charge of which was framed under Section 337 of the Penal Code.

Both of them also received another two years jail for negligently causing the death of four China nationals, including two women, aged between 27 and 49, but not amounting to culpable homicide, an offence under Section 304A of the Penal Code.

For their two charges of failing 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, Leong and the skipper each received six months jail for the charges 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.

Apart from that, Leong was also sentenced to six months jail for conveying passengers by water in the overloaded catamaran that endangered the lives of the passengers in the charge framed under Section 282 of the Penal Code.

Meanwhile, Leong received another six months jail while his mother was placed under two years probation for good conduct for failing to keep the boat license on the passenger boat at all times as charged under Regulation 9 of the Ports and Harbours (Sabah Licensed Small Ships) Regulations 2008.

Chung also received similar sentence of two years probation for good conduct for employing Sharezza as the skipper of the boat without altering and reporting the particulars of the skipper to the nearest licensing authority, as charged under Regulation 13 of the Ports and Harbours (Sabah Licensed Small Ships) Regulations 2008.

All of the offences took place at Kampung Tanjung Aru Lama jetty, the 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.

The jail sentences were ordered to be served concurrently starting from the date of conviction.

All of the accused had applied for a stay of execution but was rejected by Sessions Court judge Noor Hafizah Mohd Salim.

Deputy public prosecutor Nartiah F Mirchelle Sambatan prosecuted while Leong was represented by counsel Edward Paul.