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Fishing with poisons: Four are charged
Published on: Friday, June 22, 2018

Kota Kinabalu: Four fishermen comprising a local boat skipper and three paperless Filipinos were charged in the Sessions Court, here, Thursday with fishing with poisons at the waters off Mengalum island.

Skipper Abdul Kasme Hussin, 35, and the crew Sonil Kaboh, 31, Raj Kinarah, 28, and Jinardo Amildon, 32, pleaded not guilty before Judge Azreena Aziz to committing the offence at 1pm on June 8, about 1.5 nautical miles north of the island.

The charge under Section 26(1)(a) of the Fisheries Act 1985 and punishable under Section 25(a) of same Act provides for a fine of up to RM1 million in the case of the skipper and up to RM100,000 in the case of every member of the crew.

In another related case, Abdul Kasme claimed trial to allowing Sonil, Raj and Jinardo, who have no valid identifications to be on board of his boat at the same place and time.

The charge under Section 55E (1) of the Immigration Act 1959/63 provides for a fine of between RM5,000 and RM30,000 or a jail term of up to 12 months or both for each illegal immigrant found, upon conviction.

Azreena set July 4 for case management and released Abdul Kasme on a bail of RM10,000 with RM5,000 deposited in two sureties.

Sonil, Raj and Jinardo were ordered to be remanded further pending the date.

Malaysian Maritime Enforcement Agency (MMEA) Deputy Public Prosecutor Nurun Nazifah Muhammad Iyen, proposed RM10,000 bail for Abdul Kasme.

Counsel Dominic Chew, representing Abdul Kasme, applied for a lower bail amount.

Meanwhile, Sonil, Raj, Jinardo and two other Filipinos Atta Sajid and Rahim Pawaki were fined and jailed for staying in the State illegally.

They pleaded guilty to committing the offence at the waters between June 8 and June 10 as framed under Section 6(1)(c) of the Immigration Act 1959/63, which provides for a jail term of up to five years, or a fine of up to RM10,000, on conviction.

Atta, 31, and Rahim, 19, were ordered to pay a fine of RM4,000 or four months jail, Sonil and Raj were handed five months jail and Jinardo was sentenced to four months' jail.

Sonil, Raj and Jinardo, who were unrepresented, were also ordered to be caned each.

Counsel Marzuki Spawi, representing Atta and Rahim, in applying for a lenient sentence, asked for humanitarian consideration from the court on the grounds that both have birth certificates as they were born here and that their family members hold valid identification documents. - Jo Ann Mool

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