Kota Kinabalu: A 65-year-old man was convicted of three charges of illegally having Banteng, large flying fox, and Sambar deer meat (including its horn), which are protected animals.
Sessions Court Judge Elsie Primus made the decision on Chung En Kin (pic), after ruling that the prosecution had proven its case beyond reasonable doubt, Wednesday.
However, the court deferred Chung’s sentencing to May 20 pending the impact statement of the wildlife species involved in the case.
On the first count, Chung is accused of having 36.10kg of Banteng (Bos Javanicus) Tembadau meat, an animal product fully protected listed under Part I of Schedule 1, amended 2002 No.10 of the Wildlife Conservation Enactment 1997, without permission, unless authorised in writing by the Minister acting on the advice of the Director.
The offence under Section 41(1) of the Wildlife Conservation Enactment 1997 and punishable under Section 41(4) (a) of the same Enactment, carries a fine between RM50,000 and RM250,000 or a jail term of between one month and five years, on conviction.
Chung on the second count, allegedly had five carcasses of large flying fox Petropus vampyrus, an animal product protected under Part 1 (No. 1) of the Schedule 3 of the same Enactment, without a valid possession permit.
This offence falls under Section 41(2) of the same Enactment and is punishable under Section 41(4) (c) of the same Enactment, which carries a fine of RM30,000 or three years jail or both, on conviction.
On the third count, Chung is accused of having 4.8kg of Sambar deer (Cervus unicolor) meat, its four legs weighing 3.4kg and one horn. The deer is a protected animal listed under Part 1 (no.9) of Schedule 3 of the same Enactment, also without a valid possession permit.
The charge under Section 41(2) of the same Enactment is punishable under Section 41(4)(c) of the same Enactment, which carries a fine of between RM30,000 and RM50,000 or a jail term of up to three years jail or both, on conviction.
Chung allegedly committed the offences at 2.50pm on April 18, 2019 at a building or premises of Kedai Emas Heng Cheong, on the first floor of Block B, Centenary Complex in Kota Belud.
Six prosecution witnesses were called while only one testified for the defence during the hearing.
Prosecuting Officer Abdul Karim Dakog of the Wildlife Department conducted the prosecution.
Chung, whose bail was extended, was represented by counsel Sylyester Kuan.
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