The offence under Section 26(1)(c) of the Fisheries Act 1985 and punishable under Section 25(a) of the same Act and read together with Section 34 of the Penal Code, which provides for a fine of up to RM20,000, or a jail term of up to two years, or both, on conviction.
Kota Kinabalu: Five Filipinos fishermen were jailed one year each for having various types of fish which were caught using explosives.
They were Dulak, 37, Samil, 43, Halijun, 50, Daki, 41, and Nikri, 21. All of them pleaded guilty separately before Sessions Court Judge Elsie Primus, Thursday.
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Dulak and Samil were found having the bombed fish at 1pm on Sept 6 inside a pump boat in Pulau Mengalum waters, here.
Meanwhile, the other three were found having the fish which were caught using explosives at 1.10pm on Sept 6 this year inside another pump boat at Pulau Mengalum waters, here.
The offence under Section 26(1)(c) of the Fisheries Act 1985 and punishable under Section 25(a) of the same Act and read together with Section 34 of the Penal Code, which provides for a fine of up to RM20,000, or a jail term of up to two years, or both, on conviction.
During mitigation, all the Filipinos asked for leniency saying that they have families to look after.
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However, Deputy Public Prosecutor Nurun Nazifah Muhammad Iyen from the Malaysian Maritime Enforcement Agency urges the court to hand down a heavy sentence because the bombing fish activity was a serious offence and rampant nowadays.
After completing the jail sentence, all the Filipinos were ordered referred to the Immigration Department for deportation.
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The court also ordered the vessel and all equipment seized to be forfeited.
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