KOTA KINABALU: Four local men were each sentenced to two years’ jail by the Sessions Court here yesterday for having in their possession poisonous substances allegedly used to catch fish.
Rosalyne Dumio, 37; Mois Abdul Mois, 39; Masli Abdul Mois, 30; and Sapaat Sulbani, 54; all pleaded guilty before Sessions Court Judge Ainul Shahrin Mohamed, as charged under Section 26 (1) (b) of Fisheries Act 1985 which is punishable under Section 25 (b) of the same Act with a fine of up to RM20,000 or a maximum jail term of two years, or both, upon conviction.
In her judgement, the judge held that meting a fine as punishment was insufficient as all the accused had committed a serious offence in that they had neglected to consider the safety aspects and in doing so, caused the destruction of other aquatic life.
All accused were arrested for having a white plastic bottle containing sodium cyanide solution in a boat near Mengalum Island, off here, at 10.15 pm on Aug 18.
In mitigation, all the accused, who were unrepresented, pleaded for leniency on the grounds that they had families to care for, including an ill parent.
Prosecuting officer William Apin, of Sabah Fisheries Department, pressed for an appropriate sentence to be handed down to the accused in view of the rampant and detrimental nature of the offence towards marine life and human beings.
The court ordered for the accused to serve their sentences from the date of conviction. The facts of the case stated that a team of policemen had apprehended all the accused in a boat skippered by Rosalyne during ‘Paradise Operation’ at the island. Police then found the solution in the boat, which the four admitted to using to catch fish. They were subsequently brought to the police station here for further action. A sample of the solution was then sent to the Chemistry Department where it was confirmed to be sodium cyanide.
In an unrelated case, a man claimed trial at the same court for causing the death of a supervisor of a tyre shop.
Zakaria Laih, 45, who appeared before the judge, was charged under Section 304 (a) of the Penal Code which carries a jail term of up to 30 years and also liable to a fine, on conviction. He was charged with committing culpable homicide not amounting to murder of a 55-year-old supervisor inside the office of the shop at Jalan Penampang at 5.30pm on April 12 last year.
Deputy public prosecutor Wan Farrah Farriza Wan Ghazali told the court that the prosecution would produce 12 witnesses to testify against Zakaria.
The court fixed trial dates for April 4–8 next year and released Zakaria on a RM25,000 bail with one local surety, pending disposal of his case. Zakaria was represented by counsels Mark Sitiwin and Dominic Ghani.