By Safrah Mat Salleh

Catamaran can carry more than 20 passengers, court told

KOTA KINABALU: The trial of three persons over the capsize of catamaran while ferrying China tourists to Mengalum Island will resume on October 24-25.

The accused, boat skipper Sharezza Salian, 27, Syarikat Golden Sailing Travel Tour and Car Rental operations manager Leong Vin Jee, 45, and Syarikat Golden Sailing Travel Tour and Car Rental owner Chung Ket Siew @ Chung Siaw Ping, 64, appeared before judge Noor Hafizah Mohd Salim yesterday on the fifth day of trial in the defence stage.

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 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 license 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 passengers by water in the overloaded 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 the offence on February 4, to 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 9.15am and 11am on January 28, 2017.

Earlier, an issue was raised regarding contradicting answers by Leong during cross-examination by the prosecution, on Thursday.

Leong, in the examination-inchief by counsel Edward Paul, said that there was a misunderstanding in translation.

He explained that his catamaran boat was in good condition, including its transom.

Leong further explained that if there was damage to the transom, the boat would not be able to move as the transom holds the boat engine.

He also questioned the boat inspection report dated January 17, 2017 which did not mention damage to the transom, if any and he claimed that his boat skipper would have not driven the boat if there was any damage.

To another question by Edward, Leong claimed that the catamaran boat could carry over 20 passengers and it was not overloaded or causing the boat to sink.

Leong also claimed that there is license for the same catamaran boat to carry passengers of more than 20 people and other similar boats which belong to other companies had also carried more than 20 passengers.

To another question by Edward, Leong told the court that he had first known about the 28 passengers going missing on January 28, 2017 at 7pm, whereby he had lodged a police report.

He also answered Edward’s question that the authorities took rescue action on January 29, 2017 at about 9 am or 10 am, whereupon he was asked the location of the boat missing and he told them to follow the direction of the wave and to look around Tiga Island.

To another question by Edward on life jackets, Leong said that the passengers on his catamaran boat wore Chau Nature’s life jackets because Chau Nature provided the life jackets to the passengers as they were Chau Nature’s guests.

However, Leong eventually answered during cross-examination by deputy public prosecutor (DPP) Nartiah F. Mirchelle Sambatan that he understood the questions given to him.

Nartiah together with DPP from the Malaysian Maritime Enforcement Agency, Nurun Nazifah Muhammad Iyen, acted for the prosecution.

Counsel Michelle Rossana Usman defended Sharezza while Edward together with Elffie Johnny defended Leong and Chung.

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