KOTA KINABALU: The 33rd witness for the trial of the catamaran tragedy in January last year told the Sessions Court here yesterday that the boat did not have any communication device to call other people during an emergency situation.
Aman Abdul, 37, who testified before judge Noor Hafizah Mohd Salim, said that at that time there was only his mobile phone but it could not be used anymore as it was already in contact with water.
To a question by deputy public prosecutor Nartiah F. Mirchelle Samabatan, Aman said that he had replaced Sharezza Salian or Rezal who was one of the accused to steer the boat for about 10 minutes.
Nartiah: Do you have a boatman licence?
Aman: No.
Nartiah: Are you skilful at steering a boat?
Aman: No.
Nartiah: Who worked for Ah Leong (second accused Leong Vin Jee) first, you or Rezal?
Aman: Me.
Nartiah: You worked for Ah Leong for seven months. Do you know how many months Rezal had worked for him?
Aman: Rezal (worked) for one month before the incident.
Nartiah: When Ah Leong hired you as a boat crew, did he ever test you for boat assignment?
Aman: No.
Nartiah: Did Ah Leong give you training for boat assignment during your employment with him?
Aman: Never.
To another question by Nartiah, Aman said that no one stopped Ah Leong from loading as many passengers into the boat.
Aman, who studied up to standard three in a primary school at Pulau Gaya here, said that Ah Leong was the one who paid him wages. So, he did not dare to disobey Ah Leong or stop him from boarding the passengers into the boat.
“Before the boat departed for Pulau Mengalum, did you count how many life jackets and lifebuoys were available in the boat?” asked Nartiah to which Aman answered, “No”.
When Nartiah asked whether Ah Leong or Rezal had told him to make sure that all passengers wore life jackets before departing, Aman answered, “Ah Leong did not but Rezal did.”
He also said that Rezal had told the passengers that the boat could not depart if the passengers would not put on their life jackets.
“So, how could the ship take off when there were still passengers who did not wear life jackets?” asked Nartiah.
“That, I am not sure because sometimes when we gave life jackets there were some people who did not want to wear it,” Aman replied.
To another question by Nartiah, Aman said before the boat departed, neither Sharezza nor Ah Leong had checked on each of the passengers to make sure they wore life jackets.
Sharezza, 25, together with Leong, 44, the operation manager of Golden Sailing travel company, and Chung Ket Siew @ Chung Siaw Ping, 64, who was the owner of Golden Sailing travel company, face up to 10 charges involving the catamaran which sank on its way to Pulau Mengalum on January 28, last year.
They claimed trial to the charges which were read to them on March 16, 2017.
The trio were charged separately with causing hurt to 20 passengers, all from China aged between 17 and 50, by taking the catamaran to sea so negligently as to endanger human life or the personal safety of others.
The alleged offence was framed under Section 337 of the Penal Code.
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.
Sharezza and Leong also face two joint charges under the Ports and Harbours Regulations 2008 for failure to keep on the passenger boat with the appropriate safety equipment at all times and for embarking the passengers 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.
Meanwhile, Leong and his mother, Chung, were jointly accused of failing to keep the boat licence on the passenger boat at all times, which was charged 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 altering and reporting 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 9.15am and 11am on January 28, 2017.
Counsel Edward and Elffie Johnny defended Leong and his mother, Chung, while Sharezza is defended by counsel Michelle Rosanna Usman and Benazir Japiril Bandaran from the National Legal Aid Foundation.
The trial continues today.