Two years’ jail, RM400,000 fine over illegal timber

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KOTA KINABALU: A local contractor was yesterday sentenced to two years’ jail and a hefty RM400,000 fine in default 48 months’ jail on each of two counts — felling trees illegally and unauthorised possession of timber.

Sessions Court judge Ainul Shahrin Mohamed imposed the sentence on Vun Loi Onn, 65, after finding him guilty on both charges under the Forest Enactment 1968, when his case came up for ruling at the end of a full trial.

In delivering her verdict, Ainul ruled that the offence committed by the accused would lead to the extinction of the forest in the long run, whereby the forest ensures the survival of the human race by providing various resources.

Ainul further held that native customary rights, though available to natives, cannot be used every time logs or wood are brought out of the forest.

As for the second charge, the judge decreed that the accused failed to show to the court that he had proper authorisation to have the logs in his control.

On April 15 this year, the accused was ordered to enter his defence after the court found that the prosecution had established a prima facie case against him, after 22 witnesses were called to testify.

After taking to the stand as the sole defence witness, Vun was sentenced to two years in jail with a fine of RM200,000, in default, 24 months’ jail, for cutting down 68 trees through an agent without authorisation on State land at Kampung Mangaris, Kota Marudu between April 3 and 11, 2014.

The first charge was framed under Section 23 (2) of the Enactment, which carries a fine of up to RM500,000 or a jail term which may extend to 20 years, upon conviction.

On the second count, the accused was ordered to pay another RM200,000, in default, 24 months’ jail for having 96 timbers without lawful authority at the same place, on April 15, 2014.

The charge under Section 30 (1) (g) of the Enactment carries a fine not exceeding RM500,000 or a maximum jail of five years or both, on conviction.

Counsel Yusri Pungut, who represented the accused, also made an application to the court regarding his client’s machinery, asking for the malfunctioning devices to be returned to its rightful owner.

However, the court ordered that the machinery be forfeited following the request of prosecuting officer Pius Primus from the Forestry Department.

The court also allowed the defence’s application for a stay of the accused’s jail sentence, pending an appeal at the High Court.

In addition, the accused was released on RM2,000 court’s bail to be fully deposited in one local surety pending the appeal, on condition that he reports to the prosecuting officer of the case on the first of each month, while his passport is to be surrendered to the court.

The accused was also allowed to pay the RM400,000 fine by instalment, with RM50,000 to be deposited each month.