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Man, 65, jailed two years and fined RM400,000
Published on: Friday, July 22, 2016
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Kota Kinabalu: A 65-year-old local man was jailed two years and fined RM400,000 for cutting down trees and having timbers in a reserve land without a permit.Sessions Court Judge Ainul Shahrin Mohamad handed the sentence to Vun Loi Onn after ruling that the prosecution had proven its case beyond reasonable doubt on Thursday.

In convicting Vun, Ainul said the offence committed by him would put the survival of the forest at risk over the long run, pointing out that the forest ensures the survival of the human race by providing various resources.

She added that native customary rights could not be used every time logs and woods are brought out of the forest.

On the first count, Vun was jailed two years and fined RM200,000 or 24 months' jail for cutting down 68 trees between Apr 3 and 11, 2014 at the reserve land in Kg Mangaris, Kota Marudu.

The offence under Section 23(2) of the Forest Enactment 1968 carries a jail term of between one year and 20 years and a fine of up to RM500,000, on conviction.

On the second count, he was fined another RM200,000 or spend 24 months in prison for having 96 timbers a 9am on April 15, 2015 at the same place and time.

The offence falls under Section 30(1)(g) of the Forest Enactment 1968 which provides for a fine of up to RM500,000, or a jail of up to five years, or both on conviction.

During mitigation, counsel Yusri Pungut asked for a lenient sentence saying that his client is already old.

However, Prosecuting Officer Pius Primus from the Forestry Department urged the court to impose a deterrent sentence.

Twenty one prosecution and one defence witness were called during the hearing.

Ainul allowed Vun's application to stay the execution of sentence pending appeal against the decision to the High Court but ordered him to post a bail of RM2,000 in a local surety.

The court also allowed Vun to pay the fine of RM400,000 in instalments with RM50,000 to be paid every month.





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