Two survivors shared one life jacket – Witness

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KOTA KINABALU: A temporary guide formerly with Chau Nature Sdn Bhd testified in the Sessions Court here yesterday that he noticed from another boat that the catamaran had slowed down as it reached the middle of the sea.

Chu Chun Yung, 30, testified in the trial of three persons who are faced with up to 10 charges involving a catamaran boat that sank while on its way to Pulau Mengalum on January 28, last year.

During the examination-in-chief by deputy public prosecutor Nartiah M. Sambathan, the 29th prosecution witness testified that he made a ‘thumbs up’ sign to inquire whether everything was in order to the catamaran boatman and the latter responded with the same sign indicating that everything was ‘OK’ to proceed on.

Nartiah: “In your estimation, how far was your boat from the catamaran boat after both boats had departed?”

Chun Yung: “About the distance between this building (the court) and the Horizon Hotel.”

Nartiah: “What did you do after you exchanged the hand signals?”

Chun Yung: “We proceeded with our journey.”

To another question by Nartiah, Chun Yung identified the catamaran boat skipper as Sharezza Salian, who was sitting in the dock together with the catamaran owner, Leong Vin Jee, and his mother, Chung Ket Siew @ Chung Siaw Ping, who is also a director of the company.

Nartiah: “Traveling to Mengalum island would usually take about how many hours?”

Chun Yung: “About two hours.”

Nartiah: “At the time when you noticed the catamaran boat slowing down, how long had you departed from Tanjung Aru jetty?”

Chun Yung: “About an hour.”

Nartiah: “How long more should the catamaran boat be able to reach Mengalum island?”

Chun Yung: “About another one hour because at that time the ocean currents and the winds were strong.”

To another question by Nartiah, Chun Yung testified that the boat he was on arrived at Mengalum island at about 11 am.

He said, upon arrival, he brought his guests (tourists) for fun activities along the beach.

He then brought his boatman named Gaga to check on the catamaran’s arrival at 1pm, but found that the catamaran had not arrived yet.

Chun Yung then called Leong’s guide named Alex to ask him about the catamaran boat but Alex replied that he was not sure about it.

Chun Yung testified further that they departed Mengalum Island for Kota Kinabalu (KK) at 3 pm and arrived at Tanjung Aru jetty at around 5 pm.

He enquired from the other boatmen and canteen person at the jetty whether the catamaran boat had returned to the jetty and was told that the catamaran boat had not arrived back at the jetty.

He then took his guests for a sunset view trip and subsequently sent them back to their hotel. At 7 pm, he came back to the jetty to look for the catamaran boat with Gaga.

“I called my boss at Chau Nature to ask him to come and bring along some gasoline to search for the missing catamaran,” he said.

To a question by Nartiah, Chun Yung said, although the tourists who were on the catamaran boat that sank were not his guests, he still looked for them as the responsibility of a guide.

He explained that they searched for the boat at Pulau Tiga and made loud shouts to attract attention.

When they reached the location of the seventh buoy, they continued with loud shouting and heard responses coming from two persons, a crew and a boatman, who were in the water.

“At the time you saw the crew and boatman in the water, did they wear any life jacket or lifebuoy?” asked Nartiah.

“Yes, they did. Only one life jacket. One life jacket and they were sharing it,” said Chun Yung.

According to Chun Yung, they found the two survivors at around 12 am on the next day during which time the waves rose up to three metres high and the wind was blowing strongly. They had to use a lifebuoy to rescue the duo from the water.

During the cross examination by counsel Edward Paul, Chun Yung replied that he was unsure about the number of Chau Nature’s guests who boarded the catamaran boat.

He said that he only saw the guests boarding the catamaran boat but was not sure how many people boarded and who set up their position as he was on another boat at that time.

Chun Yung explained that there were four boats at Tanjung Aru jetty on that day, with three belonging to Chau Nature and the other belonging to Leong.

He also said that Chau Nature’s guests filled the first three boats, however, as there were some of guests left behind, they boarded Leong’s catamaran boat.

To another question by Edward, Chun Yung told the court that only Leong and Angel were busy arranging the guests to board the boats.

Meanwhile, another witness, Mok Mui Foong, 35, who formerly worked at Mister Impression as an in-bound tour operator, told the court that she gave Leong five out of her six guests for the Mengalum Island trip.

Mui Foong, who is the 28th prosecution witness, said that only four of her guests were rescued from the tragedy while another remained missing.

Sharezza, who is the skipper, Leong, the operation manager of Golden Sailing travel company, and Chung, who is the owner of Golden Sailing travel company, have claimed trial to all the charges that were read to them on March 16.

They were each charged with causing hurt to 20 passengers, all from China aged between 17 and 50, by taking the boat to sea so negligently as to endanger human life or the personal safety of others.

The alleged offence framed under Section 337 of the Penal Code, carries a jail term of up to six months or a maximum fine of RM1,000, or to both, upon conviction.

Sharezza, Leong and Chung were also alleged to have negligently caused the death of four China nationals, including two women, aged 27 and 49, but not amounting to culpable homicide.

The charges were framed under Section 304A of the Penal Code, which provides for a jail term of up to two years, or a fine, or to both, upon conviction.

Sharezza and Leong also faced two joint charges under the Ports and Harbours Regulations 2008 for failure to keep on the passenger boat the appropriate safety equipment at all times and for embarking the passenger at Kampung Tanjung Aru Lama Jetty here, which was not a designated landing point.

The alleged offences were framed under Rule 16 of the Ports and Harbours (Sabah Licensed Small Ships) Regulations 2008 and Rule 13 of the Ports and Harbours (Ports, Harbours and Dues) Regulations 2008, respectively.

The indictment carries a maximum fine of RM500,000 or a jail term of up to two years or both, upon conviction.

Meanwhile, Leong and his mother, Chung, were jointly accused of failing to keep the boat licence on the passenger boat at all times, as required under Rule 9 of the Ports and Harbours (Sabah Licensed Small Ships) Regulations 2008.

Chung was also alleged to have employed Sharezza as the skipper of the boat without reporting any alterations to the particulars of the skipper to the nearest licensing authority, an offence framed under Rule 13 of the Ports and Harbours (Sabah Licensed Small Ships) Regulations 2008.

All of the alleged offences were committed at Kampung Tanjung Aru Lama Jetty, at a travel company in Asia City and in the waters off the coast of Mengalum Island here between 9.15 am and 11 am on January 28, 2017.

Counsels Edward and Elffie Johnny defended Leong and Chung while Sharezza is defended by counsel Benazir Japiril Bandaran from the National Legal Aid Foundation (NLAF).

The trial continues today.