Vietnamese skipper fined for failure to notify authorized officer

A Vietnamese skipper was fined RM800,000, in default, 10 months’ jail by the Sessions Court here yesterday for failure to notify the authorized officer, upon entering Malaysian waters.

Judge Elsie Primus imposed the fine on Nguyen Van Muoi, 55, after he admitted to the offence.

He had failed to notify the officer through radio, telex or facsimile regarding the foreign fishing vessel he was on as it entered Malaysian waters at 10.15 am on September 16.

The offence was framed under Section 16(3) of the Fisheries Act and punishable under Section 25(a) of the same Act which provides for a fine of up to RM6,000,000 for a skipper, and RM600,000 for each crew of the vessel, upon conviction.

In mitigation, counsel Luke Resa Balang who represented the accused, prayed for a minimum fine on the grounds that it was Nguyen’s first offence and he is remorseful over it.

Luke said Nguyen had been detained since September 16 and worked as a fisherman obligated to his employer’s order.

He also said that his client, who pleaded guilty to the offence, is suffering from hypertension and diabetes and wished to get back home as soon as possible.

Luke also applied for the foreign vessel, which was seized, to be returned to its owner.

However, deputy public prosecutor Rustam Sanip urged the court to impose a deterrent sentence on the grounds that such offence put national security at risk.

The court was informed that other four crew members who were on the same boat were charged with illegal entry.

The court also ordered the vessel and all the exhibits seized to be forfeited to the Government of Malaysia and for Nguyen to be referred to the Immigration Department after serving the sentence.