Kota Kinabalu: An offshore medic was slapped with RM5,000 fine or four months’ jail by the Magistrate’s Court here, Friday, for vaping on board an AirAsia flight.
Mohd Yasir Dullah, 30, pleaded guilty before Magistrate Dzul Elmy Yunus to using a battery-powered electronic device to smoke on the flight from Kuala Lumpur to Kota Kinabalu at 9.40pm on Sept 8.
The charge, under Regulation 100(1) of the Civil Aviation Regulations 2016 and punishable under Regulation 206(2), carries a maximum penalty of RM25,000 fine, a year’s jail, or both, on conviction.
In passing sentence, Magistrate Dzul said such laws were in place not only for the offender’s safety but for the passengers as well.
“Your action could have affected other flights, schedules and even caused costly diversions. Even if it was an e-cigarette, any battery-powered device, including power banks, must be handled according to airline instructions,” the magistrate said, adding that the court did not want such incidents repeated.
Earlier, Inspector Mohamad Hamidi Mohamad Hamzah, prosecuting, informed the court that cabin crew detected the smell of smoke in the aircraft cabin and traced it to Yasir, who was seated at 31C.
A passenger seated next to him also confirmed seeing Yasir using the electronic device to smoke.
Despite being warned that smoking was prohibited on board and posed danger, Yasir repeated the act.
On arrival at Kota Kinabalu International Airport, he was handed over to AirAsia security before being referred to the police.
Duty counsel, Prem Elmer Ganasan, representing Yasir, sought a lower fine, citing that he was remorseful and had only used an e-cigarette and not smoking a cigarette.
Hamidi pressed for a deterrent sentence, stressing that the offence endangered passengers and crew, diverted cabin crew from essential duties, risked disrupting the flight, and caused anxiety among passengers, including children and the elderly.
“Given the seriousness of this offence, public interest demands a deterrent sentence. A lenient punishment would send the wrong message, undermining both aviation safety and public confidence,” he submitted.
