Geologist fined over illegal gold transfer
Published on: Friday, March 29, 2024
The court heard that Edwin had brought the gold concentrate residue to be traded to the owner of the goldsmith four times at the end of 2020, October 2021, May 2022 and December 2022.
Kota Kinabalu: A 36-year-old geologist, who benefited RM800,000 from four counts of illegally transporting gold concentrate residue to be traded to a goldsmith in Pahang fined RM32,000 on Thursday.
Edwin James, who was attached to a Government-Linked Company here, pleaded guilty before Magistrate Lovely Natasha Charles to four counts of transporting gold concentrate residue without a valid Mineral Transport Licence to be traded to Kedai Emas Sri Hawa, in Raub, Pahang.
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Edwin committed the offences at Inanam Express Bus Station, here, in early 2020, October 2021, May 2022 and December 2022.
Lovely ordered Edwin to pay a fine of RM8,000 or 18 months jail on each charge.
Each charge under Regulation 6 (1(c) of the Mineral Development (Licensing) Regulations 2016 is punishable under Regulation 6(5) of the same Regulations, which provides for a fine of up to RM50,000 or a jail term of up to three years or both, on conviction.
Earlier, Deputy Public Prosecutor Muhammad Al-Hakim Abdul Razak in presenting the facts of the case said at the end of 2019, Edwin was contacted by one Brando who asked if Edwin had any contacts who could help to process gold mine residues.
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As a result of the conversation between them, Brando took gold concentrate residue from the gold mine in Bukit Mantri, Tawau and sent it by bus to Edwin, who then picked them up at the Inanam express bus station, here.
Edwin later brought the gold concentrate residue to Kuala Lumpur by air by placing it in a box labelled as a rock sample and putting it in the cargo, the court heard.
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Upon arriving in Kuala Lumpur, Edwin rented a car and drove to Raub, Pahang with the gold concentrate residue.
Edwin then met with the owner of Emas Sri Hawa in Raub and asked if he wanted to buy raw gold.
After both parties agreed, Edwin handed over the gold concentrate residue to the owner of the goldsmith.
The court heard that Edwin had brought the gold concentrate residue to be traded to the owner of the goldsmith four times at the end of 2020, October 2021, May 2022 and December 2022.
A check with the Department of Minerals and Geosciences Malaysia found that Edwin did not have any licence to transport the gold concentrate residue, said the prosecution.
Counsel Chin Tek Ming, representing Edwin requested for a fine and suggested a RM5,000 fine per charge and no imprisonment to be imposed as it was his first offence and that he was remorseful and pleaded guilty at the first instance.
Chin said it was an old case where Edwin was working in Tawau and had nothing to do with his present company and that he may be terminated from his present employment after pleading guilty to the charges.
Chin added that Edwin, who is married with two children, has many commitments.
DPP Al Hakim urged the court to impose an exemplary amount on Edwin by submitting that based on their investigations he had benefited RM800,000 from the said activity.
“If the court fines him RM5,000 as proposed by the defence counsel, I believe such an amount is minimal and not going to teach a lesson to the accused,” said DPP Al-Hakim.
Edwin paid the fine.
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