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Viet fisherman fined RM800K
Published on: Wednesday, November 13, 2019
By: Cynthia D Baga
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Viet fisherman fined RM800K
KOTA KINABALU: A 55-year-old Vietnamese who failed to notify the authorised officer while being in Malaysian waters was fined RM800,000 or 10 months’ jail.

The foreign fisherman pleaded guilty before Sessions Court Judge Elsie Primus to the charge against him on Tuesday.

Nguyen Van Muoi failed to notify the officer through radio, telex or facsimile in English or Malay language while at the waters.

He committed the offence at 10.15am on Sept 16 this year inside a foreign vessel in Malaysian waters.

The offence under Section 16(3) of the Fisheries Act and punishable under Section 25(a) of the same Act which provides for a fine of up to RM6,000,000 for a skipper and RM600,000 for each crew of the vessel, on conviction.

In mitigation, counsel Luke Resa Balang who represented Nguyen, asked for a minimum fine only saying that his client had been detained since Sept 16 this year.

He said Nguyen had repented his wrongdoing and that he admitted to the charge against him.

Luke also submitted that his client is suffering from hypertension and needed medication adding that, Nguyen was only a fisherman and working under the instruction from his boss in Vietnam.

He also applied for the vessel which was seized during Nguyen’s arrest, to be returned to the owner.

However, Deputy Public Prosecutor Rustam Sanip urged the court to impose a deterrent sentence on the grounds that it was involved the nation’s security as Nguyen did not notify the Malaysian authority while at the waters.

Rustam added that Nguyen’s act will put the nation’s security at risk.

The court was informed Nguyen was the skipper of the boat and his four crews were charged with illegal entry.    

The court ordered the vessel and all the exhibits/equipment seized on the vessel to be forfeited to the Government of Malaysia pursuant to section 34 of the Fisheries Act.

Nguyen was ordered referred to the Immigration Department after paying the fine or serving jail sentence.





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