Fined for having two pangolins illegally
Published on: Thursday, June 20, 2019
By: Cynthia D Baga
KOTA KINABALU: A 58-year-old self-employed man who had two live pangolins without a permit was fined RM25,000 in default three months’ jail.
Sessions Court Judge Elsie Primus meted out the sentence to Choo Yau Hock after he pleaded guilty to the alternative charge offered by the prosecution.
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The court made the order after being informed by the prosecution that the plea bargaining applied by the defence was accepted and both parties agreed with the term on the plea bargaining.
Prosecuting Officer Abdul Karim Dakog from the Wildlife Department told the court that he received instruction from the Deputy Public Prosecutor’s office and the instruction was to agree with the plea bargain for a fine of RM25,000 and not liable for an imprisonment.
The court ordered the Pangolin to be returned and disposed by the prosecution.
Choo was found having the Pangolins (Manis Javanica) without permission from the Wildlife Department Director at 4.10pm on Feb 28, 2017 at a house in Jalan Mawas, Taman Foh Sang, Luyang.
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The pangolins are protected species which is listed under Schedule Two, Part One, Number 14 of the Wildlife Conservation Enactment 1997.
Choo had committed the offence under Section 40 of the Wildlife Conservation Enactment 1997 and punishable under Section 40(3) of the same Enactment, which carries a fine of up to RM50,000, or a jail term of up to two years, or both, on conviction.
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During the proceeding, counsel Luke Ressa Balang who represented Choo informed the court that his client has two children to look after and that he has no fix income.
Balang said Choo was the breadwinner of the family and that it was his first offence.
“My client had given full cooperation with the wildlife department since the day that he was arrested. He is also very remorseful for the offence that he had committed.
“He would like to express his sincere apologies to the Wildlife Department and to the court,” Balang said.
Abdul Karim said during Choo’s arrest the pangolin was not yet upgraded to Schedule 1 and still under Schedule 2 and the arrest had been made on Feb 28, 2017 before the upgrading but he leave it to the court since the plea bargaining was accepted by the Deputy Public Prosecutor’s office.
The court heard that the enforcement personnel from the Wildlife Department went to the said house which belonged to Choo after receiving an information from the public pertaining the protected animals there.
The personnel then found out two live pangolins at the house after a search where the animals were put inside a plastic bag and the plastic bag was hidden in a black water tank behind the house.
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