Not enough protection for Sabah wildlife: Judge
Published on: Friday, March 27, 2015
Kota Kinabalu: Chief Justice of Sabah and Sarawak Tan Sri Richard Malanjum on Thursday made an impassioned plea for more legal muscle to better protect endangered wildlife in Sabah.He said though there has been much discussion on wildlife protection no one is being punished for committing wildlife offences in spite of the frequency in such cases."Obviously as a result, no one seems to believe that the authority is serious in protecting wildlife. The court must therefore play its role in stamping out this menace of wildlife offences.
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"Unfortunately, the legislation especially the penalty provision, in my view is too lenient and not in tandem with the current situation," said Malanjum in presiding over an appeal by the prosecution at the High Court against the inadequacy of sentence imposed on a Johor man for illegally having 12 pangolins which is an endangered species."I hope the relevant authorities will review these laws and where appropriate enhance the penalties provided. This will have a deterrent impact on would-be offenders."Enough is enough, the wildlife especially in Sabah is urgently in need of protection," he said. Malanjum allowed the prosecution's appeal and sentenced the respondent Carlvin Cher Jia Wei to three years' imprisonment from Thursday and enhanced the fine imposed from RM10,000 to RM25,000 or six months' jail.
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Malanjum held that the case was a rare one as the wildlife offender was caught."For consumption of wildlife, is understandable but in this case there is nothing to indicate that was the case. The respondent said the 12 pangolins are to be transported, according to the instruction of another person. In my view, the pangolins were for sale.
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"I hope this punishment will send a clear message and a warning to all would-be-offenders that once caught and convicted, the full force of the law will be upon them."Carlvin, 22, was last year fined RM10,000 or one year's jail by the Magistrate's Court after he pleaded guilty to having two live pangolins and 10 dead pangolins without a valid document, at 6.45pm on Oct 30, 2014 in front of the Bukau police beat base in Beaufort. He paid the fine.He committed an offence under Section 41(2) of the Wildlife Conservation Enactment 1997, which provides for a RM30,000 fine or three years' jail or both, on conviction.In enhancing the fine sentence, Malanjum held that the RM10,000 fine imposed by the Magistrate was grossly inadequate. The Magistrate failed to consider the need to protect wildlife and failed to consider Carlvin was involved in wildlife trade but only considered him as the driver, said Malanjum, adding that Carlvin was part and parcel of the operation."Therefore, from the facts of the case, I would impose the maximum term of imprisonment as provided under the law … I would not impose a higher sentence if not for the ceiling provided by legislation," he said.Earlier, Deputy Public Prosecutor Luke Ressa Balang appealed for the sentence to be enhanced on the grounds that the maximum sentence for the offence was RM30,000.Carlvin's counsel Nelson Angang in requesting for leniency, told the court that Carlvin was from Johor and had joined his friend to Sabah to find a job and that he only spent a week here before he was arrested for driving a vehicle transporting the pangolins for a friend.This is where Malanjum interjected and queried why everyone was interested to come to the State."Now everyone wants to come to Sabah and claim to look for jobs but then get caught doing illegal activity here. Yesterday, five Pakistanis, aiyoyo, what is happening in this State?" he said, citing instances of illegal activities and human trafficking.Carlvin told the court that he was asked by a friend one Lim Wan Heng to transport the pangolins and that Lim's friend who had sold the pangolins to Lim and that he (Carlvin) was only paid RM100 a day."Many endangered wildlife in Sabah are gone now. That's why I said native people have no more meat sources to eat, like what had happened in Indara, Kuamut, they cannot simply get meat sources from the nearby jungle," said Malanjum. Stay up-to-date by following Daily Express’s Telegram channel.
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