Sharezza (right) and Leong being led away by the police.
KOTA KINABALU: The Sessions Court here yesterday sentenced the skipper of the catamaran which went missing with a group of tourists in Pulau Mengalum to a maximum six months’ jail while no plea was taken from the owner.
Sharezza Salian, 25, and Leong Vin Jee, 44, who were produced before judge Ainul Shahrin Mohammad, were jointly charged under Section 282 of the Penal Code, read together with Section 34 of the same Act.
The indictment provides for a maximum jail of six months or a fine of RM2,000, or both, upon conviction.
Deputy public prosecutor Aida Fatimah Datuk Abdul Jabar told the court that the maximum sentence should be imposed on Sharezza, the skipper of the catamaran, on the grounds that this issue is a matter of public interest.
Aida told the court that imposing a maximum sentence will deter others from repeating the same mistake, especially boat operators and their workers.
She added that the actions of the accused proved that they were driven by greed and profit which resulted in the endangerment of lives.
She also told the court that regardless whether the passengers are foreigners or locals, boat operators should still bear the responsibility of ensuring the safety of their passengers.
Aida noted that this incident has left a negative impact on our tourism industry and it has tarnished the name of all the relevant authorities.
In applying for a lower sentence, Sharezza, who was unrepresented told the court that he came from a poor family and he has a job in Kuala Lumpur as an air-conditioning technician. The court ordered Sharezza to serve his sentence from the date of arrest.
Leong, the owner of the catamaran, was represented by counsel Edward Paul.
In opposing the RM10,000 bail offered by Aida, Edward pleaded for a lower sum of bail stating that the accused has given full co-operation since the date of arrest and therefore he has no reason to abscond.
He told the court that the purpose of granting bail is only to secure attendance and it should not be punitive in nature.
Edward added that the accused has two children and his wife under his care.
The court granted the accused a bail of RM5,000, to be deposited in full, and ordered the accused to remain in his residential area as he is not allowed to leave.
The court also disallowed him from making any contact with the prosecution witnesses.
The court fixed Feb 6 for further mention of Leong’s case pending the application for a Chinese interpreter.
Based on the facts of the case, the offence was committed on Jan 29 at 9.15am at a jetty in Tanjung Aru.
The catamaran bearing the registration number JN 6717/2/P had exceeded the maximum number of passengers.
It was only supposed to accommodate 12 passengers but the accused had put a total of 28 passengers inside it.
The incident claimed the lives of four tourists from China.
Five other passengers, including a local, are still yet to be found.