Fisherman wins appeal to get back boat

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KOTA KINABALU: A fisherman cum boat owner won in his bid at the Court of Appeal here to get back his boat which was seized last year after seven crewmen on board the boat faced charges under the Fisheries Act 1985.

The three-panel chaired by Justice Tan Sri Idrus Harun, who sat together with Justices Puan Sri Dato’ Zaleha Yusof and Dato’ Rhodzariah Bujang unanimously allowed the appeal by Datu Muhamad Datu Enyong, 30, who was represented by counsel PJ Perira.

In their decision, the court ruled that the appeal was allowed and the boat, its engine, gears and items will be returned back to the appellant.

Last year, Datu Muhamad had failed in his attempt to get back his boat after the High Court here dismissed his appeal.

Earlier, the appellant’s counsel argued that the charges framed against the seven accused, who were arrested inside the boat were groundless and defective.

Perira submitted that the charges were wrongly framed under Section 26(1)(c) of the said Act.

The seven accused were charged with possessing various types of fish estimated about 400 kilograms which were captured using explosives.

However, Perira explained that subsection (c) says “any person who knowing or having reasonable cause to believe that any fish is prohibited species or has been taken in contravention of the provisions of this Act, receives or is found in possession of such fish”, when in this case no prohibited species of fish were seized from the boat.

The counsel also said that his client was not there when the accused persons were apprehended by the Malaysian Maritime Enforcement Agency.

In reply, the prosecution, who acted for the respondent submitted that the judge was not erred in law and findings of fact as the charges framed against the accused were not groundless.

The seven accused had last year pleaded guilty to their charges at the Sessions Court here and all of them were each fined RM20,000.

Six of the accused were ordered to be jailed 12 months while one accused will be jailed six months if they failed to settle their fines.