KOTA KINABALU: The Magistrates Court here yesterday jailed nine men for separate charges of illegally possessing the meat of protected animals, namely Bearded Pig, Common Palm Civet and Sambar Deer.
The magistrate imposed 28 months jail on two of the accused while the rest received 30 months imprisonment each after they pleaded guilty to their charges under Section 41 (2) of the Wildlife Protection Enactment 1997.
The indictment carries a maximum fine of RM30,000 or a jail term of up to three years, or both, upon conviction.
In the courts verdict, the magistrate held among others that public interest demanded that offenders of this type of offence must be treated severely or rather a severe punishment be given to the offenders.
The court also said that recently there were calls, especially from the voice of the civil society for this sort of cases to be taken with seriousness or in other words this type of cases should be treated as public interest.
It further ruled that these animals exist in the forest in this planet for a purpose and they contribute to the eco-system of this planet.
The magistrate also said that the plea of guilty of the accused persons indeed had saved the courts time and expenses as well as the costs of calling on witnesses.
However, a balance needed to be struck between the accused and the public.
In this case, the court held that the seriousness of the case outweighs the guilty plea of the accused persons.
The court further ruled that this was not just a case of an animal but a creature that the eco-system itself of this planet would need to survive.
Thus, the court must act as the guardian of the commoners or the civil society. As it is often said, the court is always seen as the last hope of the commoners.
The magistrate added that the court must uphold that belief that the commoners hope of securing that justice is done and served.
Two of the accused were arrested for possessing 206 grams of bearded pig also known as wild boar or its scientific name Sus Barbatus without a permit at KM64 Jalan Lahad Datu Tungku on February 7, another two accused were caught for illegally having 62 pieces of wild boar meat and five carcasses of Common Palm Civet or its scientific name Paradoxurus Hermaphroditus at their car bucket at the same place and day.
Meanwhile, the rest were apprehended at the examination post of the Sepagaya Forest Reserve in Lahad Datu on January 17 for possessing the Sambar Deer, which was kept at the back of their car.
The facts of the case stated that investigations had revealed that the accused persons did not have any licence or permit to be in possession of the animals.