Fined for operating beyond permitted time

Kota Kinabalu: An entertainment outlet owner was fined RM2,800 or three months jail by the Magistrate’s Court here Monday for operating the premises beyond the permitted time.

Justinus Asong, 50, pleaded guilty to operating the Miles 7 Village Pub and Karaoke and Open Karaoke at Hong Tiong Industrial Centre, KM 11, Jalan Tuaran at 3.25am on Aug 2 this year.

Magistrate Afiq Agoes was informed by the prosecution that a police team conducting an operation went to the premises and found its still operating with loud music several customers inside.

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The police detained Justinus and seized the music equipment for breaching the condition of the premises’ licence of operating the business beyond the permitted time.

Justinus had committed an offence under Section 4(1) of the Public Entertainment Ordinance 1958 which is punishable under Section 11 of same Ordinance that provides for a fine of up to RM5,000 or up to one year or both on conviction.

Justinus, who was not represented, requested for a lenient sentence on the grounds that he has five children and has lost source of income because of the Covid-19 Movement Control Order.

When asked by the court on why the premises was still in operation at 3.25am, Justinus claimed that he was asleep at the time and that the premises was being taken care by his worker.

Inspector Lim Swee Beng prosecuting, applied for an adequate sentence.

In another case, a 63-year-old man was fined RM1,700 or one month jail for having illegal gambling paraphernalia.

Ang Soon Huat, a hawker, admitted to having four pieces of illegal lottery tickets at 5.30pm on Dec 29, 2019 at a restaurant in Millennium area, Penampang Bypass.

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The court heard that RM172 was also seized by police from Ang.

Ang was charged under Section 9(1) of the Common Gaming House Act carries a jail term of up to six months, or fine of up to RM3,000, or both, on conviction.

Duty counsel Lim Ming Zoong @ Lawrence representing Ang requested for a lower fine by saying that Ang’s income was affected due to the MCO.

The court ordered the seized money to be forfeited.

Meanwhile, 24 people were penalised for committing drug-related offences.

Seventeen of them – Nizam Ismail, Dastan Bairulah, Richard Wong, Abdul Aziz, Awandi Abas, Armin, Mohamad Firdaus, Jecob Lo, Omar Yunus, Yeskly Winsin, Lowrer Lee, Welkim Mudjid, Abdul Sahrin, Heng Mok Cheen, Chin Chiew Wo, Muhamad Kasly and Elyas Fariq pleaded guilty to taking syabu and amphetamine between July 18 and Aug 14.

Elyas and Chin were fined RM1,900 or seven months each while Heng and Muhamad Kasly were fined RM1,800 or seven months each.

Nizam, Dastan, Richard, Abdul were each jailed 12 months, Lowrer was handed 11 months while the rest were jailed seven months.

The other seven people were Sobri Sorudin, Mohd Sayrul, Abdul Rani, Liew Kok Chung, Hasan Masilin, Noor Aina and Eddy Christopher pleaded guilty to having syabu weighing between 0.22gm and 0.04gm between June 24 and Aug 14.

Eddy was fined RM2,500 or 10 months, Sobri was fined RM2,200 or 10 months jail while the rest were jailed 10 months each.