
Kota Kinabalu: Two farmers were ordered to enter defence separately on the charge of entering Park areas in Kota Belud without permits.
Sessions Court Judge Elsie Primus made the order for Tingkun Penimbol, 52, and Edwin Tumbai, 57, after ruling that the prosecution had established prima facie cases against Tingkun and Edwin.
The court set July 18 and 19 for Tingkun’s defence while July 20-21 for Edwin.
Tingkun is accused of entering the Taman Kinabalu area near the Kg Sayap, without written permission of the Board, or the Director, or any Park Officer at 11am on Nov 27, 2017.
Meanwhile, Edwin allegedly entered the forest area gazetted as a Park near Kg Lasau Mininsud, without written permission of the Board, Director or any Park Officer, between 8am and 12.30pm in July 2017.
The duo was charged separately under Section 48(1)(p) of the Parks Enactment 1984 (Amended 2007) and punishable under Section 48(1)(2) of the same Enactment which provides for a jail term of up to a year or a fine of up to RM50,000, or both, on conviction.
The defence informed the court that for Tingkun’s case, about 25 witnesses would be called and five witnesses for Edwin.
The prosecution had called nine witnesses during the hearing.
Deputy Public Prosecutor (DPP) Mohammed Ali Imran together with DPP Dacia Jane Romanus conducted the prosecution while the duo was represented by counsel Ram Singh, Kimberly Ye and Chen Wen Jye.
The court had extended the bail of Tingkun and Edwin.
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