Kota Kinabalu: A man was freed from three charges of illegally controlling, keeping and taking care of agarwood for which the royalty of the forest products had not been paid.
Sessions Court Judge Amir Shah Amir Hassan discharged and acquitted Azrizal Aziz following a request from the prosecution for Azrizal to be freed from the three charges against him on Monday.
The prosecution informed the court that Azrizal’s representation letter had been accepted and the compound of RM4,000 offered to him had been paid.
The court also ordered that the bail posted by Azrizal be refunded and that all properties seized be returned to their rightful owner.
On the first count, Azrizal was accused of illegally controlling the agarwood with unpaid royalty in a vehicle parked at Bakut Car Wash in Jalan Telipok–Tuaran, near here, at 7.30pm on Dec 7, 2023.
On the second count, he allegedly kept the agarwood without a licence at the same place and time.
On the third count, Azrizal was accused of illegally taking care of the agarwood at the same place and time with unpaid royalty.
All the charges fall under Section 30(1)(g) of the Forest Enactment 1968 and are punishable under Section 30(2)(b) of the same Enactment, which provides for a fine of up to RM500,000, or a jail term of up to five years, or both, upon conviction.
On June 18, 2024, a Filipino, Fahril Muhammad, who was charged together with Azrizal, was fined a total of RM40,000 after he admitted to the charges.
Forestry Department Prosecuting Officer Mohd Arapa appeared for the prosecution, while counsel Datuk Ram Singh and Prem Elmer Ganasan defended Azrizal.