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Tg Aru jetty not meant for tourists: Witness
Published on: Tuesday, October 10, 2017
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Kota Kinabalu: The Tourism Court on Monday heard that the jetty in Kg Tanjung Aru Lama, where the catamaran that capsized off Pulau Mengalum allegedly departed from, was not meant for transporting tourists.Investigating Officer Lieutenant Madya Rasit Minhar from the Malaysian Maritime Enforcement Agency (MMEA) said the concrete jetty was for the use of villagers and fishermen.

He told the court that after they received an instruction from his Senior Investigating Officer, he started his investigation by requesting verification from City Hall and the Sabah Port and Harbours Department.

He said on Feb 20 this year, he received a letter from City Hall signed by Mayor Datuk Yeo Boon Hai, which stated that the jetty was owned by City Hall.

Rasit added that the letter also stated that the jetty was also maintained by City Hall and it was not for transporting tourists.

He further testified that based on his investigation under Regulations 13 of the Ports and Harbours (Sabah Licensed Small Ships) 2008 and punishable under Regulations 21 of the same regulations, there was no change on the details of the boat skipper's name.

Rasit said he received a letter from the Sabah Port and Harbours Department which confirmed the details on the boat licence.

He further said through the investigation he found that the owner of the boat was Leong Vin Jee, 44, as the original of the boat licence which was given by Leong's worker, one Alex, also stated Leong's name.

After obtaining all the verifications, he handed all of them to Investigating Officer Assistant Superintendent of Police Heryan Mohd Tahir for further action.

On trial before Sessions Court Judge Noor Hafizah Mohd Salim are operator Leong, 44, his mother Chung, 64, whose name appears on the company licence, and skipper Sharezza Salian, 26.

Chung, the Director of Syarikat Golden Sailing Travel Tour and Car Rental, has four charges against her and on one of the charges, she was jointly charged with Leong.

On the first charge, he is accused of causing hurt to 20 Chinese tourists by permitting Leong to manage and use the boat to sea so negligently as to endanger their lives and on second charge, accused of negligently causing the death of four tourists by allowing Leong to use the boat and so loaded as to endanger human life.

On the third charge, Chung, as the registered owner of the boat, is accused of having Sharezza as the skipper without altering and reporting the particulars of a skipper named Leong Vin Jee in the Sabah Small Ship Licence to the nearest licensing authority – Sabah Ports and Harbours Department.

On the fourth charge, she and Leong were jointly charged with failing to keep the boat licence on the passenger boat at all times.

Leong has another four charges against him and on two of them he was jointly charged with Sharezza.

Leong is accused of causing hurt to 20 Chinese tourists by permitting Sharezza to take the boat to sea negligently as to endanger their lives and also allegedly negligently causing the deaths of the four tourists by allowing Sharezza to use the boat to sea in such as state and so loaded as to endanger their lives.

For the first joint charge, Leong and Sharezza are accused of failing to keep on the passenger boat the appropriate safety equipment - the lifejackets and life buoys as specified in the Fourth Schedule of the Ports and Harbours (Sabah Licenced Small Ships) Regulations 2008 - at all times.

On the second joint charge, Leong and Sharezza allegedly embarked two crew and 28 passengers from an undesignated landing point - Kg Tanjung Aru Lama Jetty.

For Sharezza, he is facing another charge of causing hurt to 20 Chinese tourists by taking the boat to sea so negligently as to endanger their lives and on the fourth count, he allegedly negligently caused the death of the four tourists as stated in Chung's second charge.

All the offences allegedly took place at the Golden Sailing Travel Tour and Car Rental Sdn Bhd premises in Asia City, here, Kg Tanjung Aru Lama Jetty, waters off the Coast of Mengalum Island, off here, between 9.15am and 11am on Jan 28, this year.

Leong is also facing a charge of overloading the catamaran with tourists which endangered the passengers' lives while Sharezza had served the six months' jail sentence for overloading the catamaran with tourists.

Deputy Public Prosecutor (DPP) Nartiah M. Sambatan, who was assisted by DPP Nurun Nazifah Muhammad Iyen from the Malaysia Maritime Enforcement Agency, conducted the prosecution.

Counsel Edward Paul, together with Elffie Johny, defended Leong and his mother, while counsel Hamid Ismail, Michelle Usman and Benazir Japiril Bandarn represented Sharezza and counsel Chong Choi Lin is holding a watching brief for the victims.

Trial continues. - Cynthia D Baga





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