Keeping Agarwood: Filipino fined
Published on: Wednesday, June 19, 2024
By: Cynthia D Baga
All the charges fall under Section 30(1)(g) of the Forest Enactment 1968 and 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, on conviction.
Kota Kinabalu: A Filipino was fined a total of RM40,000 for illegally controlling, keeping and taking care of Agarwood but not paying the royalty of the forest products, while his co-accused claimed trial to the charges.
Fahril Muhamad pleaded guilty before Sessions Court Judge Amir Shah Amir Hassan to the three charges against him while Azrizal Aziz pleaded not guilty.
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On the first count, Fahril was fined RM10,000 or five months in jail for illegally controlling the Agarwood with unpaid royalty in a vehicle parked in Bakut Car Wash in Jalan Telipok - Tuaran, near here, at 7.30pm on Dec 7, 2023.
On the second count, he was fined another RM10,000 or five months in jail for keeping the Agarwood without licence at the same place and time.
On the third count, Fahril was ordered to pay another RM20,000 fine or spend ten months in prison for illegally taking care of the Agarwood at the same place and time.
The charges stated that the royalty was not paid by Fahril.
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All the charges fall under Section 30(1)(g) of the Forest Enactment 1968 and 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, on conviction.
The court also ordered Fahril to pay the royalty of RM1,900 to the government in default two months’ jail.
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After completing the jail sentence, Fahril who informed the court that he only had a JKM document, to be referred to the Immigration Department for further action.
During mitigation, Fahril who was not represented, asked for leniency saying that he has parents and family to look after and requested for no imprisonment imposed on him.
However, Forestry Department Prosecuting Officer Mohd Arapa urged the court to impose an appropriate sentence even though the case only involved small amount of royalty but Agarwood was one species of wood being protected.
Arapa further said that the case involved intelligence and needed high strategy and high costs.
The court released Azrizal on bail at RM5,000 in two local sureties for all charges. He was represented by counsel Jul Hamri.
The court set July 15 this year for pre-trial case management.
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