Clearing forest reserve: Jail sentences of trio reduced but fines doubled

KOTA KINABALU: The High Court here yesterday halved the jail sentences of three men, from two years to one year, but doubled their fines from RM10,000 to RM20,000, in default, another year in jail for clearing a forest reserve area for the purpose of cultivation.

Justice Datuk Nurchaya Hj Arshad delivered her verdict on appellants Durat Unding, Felix Baris and Rainol Gani after hearing submissions from both parties, the appellants and the respondent.

Earlier, counsel Martin Tommy for the appellants submitted that the learned trial judge had erred in law and in fact as the defence had disputed the testimonies of two prosecution witnesses regarding the issue of the first appellant (Durat) holding a spray can used in clearing the area on the day of the incident.

The dispute was in respect of the identity of the person who was seen by the witness as having the spray can and in the act of spraying, said Martin.

He further submitted that even during examination-in-chief, the witness was unable to identify who was actually holding the can and conceded with the defence in crossexamination that he was not sure who he saw atop the hill at the reserve.

Martin also drew the court’s attention to the fact that the appellants were not together when the incident took place and that two of them were there only to pick herbs.

Additionally, said Martin, the spray can that had allegedly been used by the first appellant had only been found 11 days later outside the area that was cleared.

In reply, deputy public prosecutor Aida Fatimah Abdul Jabar urged the court to dismiss the appeal as the lower court’s KOTA KINABALU: Five men were charged in the Sessions Court here yesterday with transporting illegal immigrants.

Synadam Uhok Junidel, Mohamad Osman Madalin, Mohamad Abbas Mohamad, Gazer Galip and Mohamad Sambulan pleaded not guilty before Judge Ainul Shahrin Mohamad to their charges framed under Section 26J of the Anti-Trafficking in Person and Anti-Smuggling of Migrants (Atipsom) 2007.

The indictment carries a jail term of up to five years, or a maximum fine of RM250,000 or both, upon conviction.

The five accused persons were alleged to have transported several illegal immigrants by vehicles along Jalan Tanjung Batu, Kota Marudu on Jan 24.

The court fixed February 22 to re-mention the case and granted RM10,000 bail with a local surety to Mohamad Osman, Mohamad and Mohamad Abbas while the two others were denied bail.

Deputy public prosecutor Mohamad Khairuddin Idris appeared for the prosecution. decision was correct and should therefore not be interfered with.

Moreover, all factors have been considered and deliberated and the case was fully tried, said Aida.

All three appellants had yesterday appealed against the conviction and sentence meted out by the lower court, from which they received their initial punishment on September 22 last year.

Durat, Felix and Rainol were found guilty of committing the offence at the Sapulut forest reserve area in Nabawan, on September 11, 2015 at about 10.30am.

They were convicted under Section 20(1) (b) (iii)/33(1) of the Forest Enactment 1968, read together with Section 34 of the Penal Code.

Upon conviction, the provision carries a fine of up to RM50,000 or not more than five years’ jail, or both.

Five charged with transporting illegals