Selling animal parts: Rubber tapper’s fine reduced

KOTA KINABALU: The High Court here yesterday substituted the fine and jail sentences of a rubber tapper for a lower fine for a conviction of having the body parts of a Malayan sun bear since he was not the actual perpetrator but merely the person that was asked to sell such animal products.

Justice Datuk Nurchaya Hj Arshad allowed an appeal by Jupilin Mojungkat, 44, by reducing his RM50,000 fine and two years’ jail to RM15,000, in default, six months’ imprisonment.

“Having being informed of the appellant’s antecedent which he works as a rubber tapper with a monthly income of RM130, uneducated and being in residence from the deep interior of Pitas, it is obvious that he has no knowledge of the recent changes of sentencing policy against protected wildlife,” explained the judge in her reserved decision.

Nurchaya further said that she believes that if he had the advantage of knowing that the sentencing policy against such act, has been increased from a punitive penalty previously into custodial sentence; subjectively, he will refrain from such wrongdoing and also that he was not the actual perpetrator but merely a person who was asked to sell such animal products.

She explained that for this instance, where the appellant had been charged for possession of protected animals and animal products which were our sun bear paws and gallbladder, no doubt it appears appalling to the human senses and logically the perpetrator i.e. the appellant should be severely punished.

The judge also held that she is mindful that this was a serious offence where the Wildlife Conservation on protected animals needs to be maintained and protected with the law being the guardian to see that illegal wildlife poachers will be harshly punished.

On July 5, 2018, the appellant was sentenced to the said fine and jail after he pleaded guilty to the charge when the case came up for trial at the lower court.

The appellant was arrested for possessing four paws and a gallbladder of the animal at a food court at Asia City here 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.

The offence was 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.