Catamaran capsize: Trio to know fate Jan 25

KOTA KINABALU: Three persons, who were charged over the capsized catamaran ferrying China tourists to Mengalum Island near here, will know their fate on January 25.

Sessions Court judge Noor Hafizah Mohd Salim fixed the date on Sharezza Salian, 27, the boat skipper, Leong Vin Jee, 45, the operations manager of Golden Sailing travel company, and Chung Ket Siew @ Chung Siaw Ping, 64, the owner of Golden Sailing travel company after the defence closed its case with four witnesses.

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 deaths 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 licence on the passenger boat at all times, and 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 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 of the Penal Code and read together under Section 34 of the Code. 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 at Asia City and the waters off the coast of Mengalum Island near here between 9.15am and 11am on January 28, 2017.

Deputy public prosecutor (DPP) Nartiah F. Mirchelle Sambatan 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.