Kota Kinabalu: A 34-year-old jobless who entered Taman Pulau Tiga without written permission from Sabah Parks to do fishing was fined RM10,000 in default seven months’ jail.
Sessions Court Judge Marlina Ibrahim ordered Jamri Jamalul to pay the fine after he pleaded guilty to the charge against him on Wednesday.
Jamri had entered illegally the Plan Gazetted Area (Kawasan Warta Pelan) without written permission from the Board or Director or officer of the Sabah Parks between 5.09am and 6.26am on July 31 this year near Pulau Tiga in Kuala Penyu.
He committed the offence together with one other accused who was not present.
The offence under Section 48(1)(p) of the Sabah Parks Enactment (amended 2024) and punishable under Section 48(2) of the same Enactment provides for a jail term of up to a year, or a fine of up to RM50,000, or both, on conviction.
In asking for leneincy, Jamri told the court that he was an unemployed and had no fix income.
However, Prosecuting Officer Roslizan Sallin who together with Feldena Meldora Anthony from the Sabah Parks, urged the court to impose a deterrent sentence considering several aggravating factors such as public interest in which the sentence should serve as a lesson not only to Jamri but the public at large.
He submitted that the offence had been committed within a gazetted and protected Park area.
“Taman Pulau Tiga is a natural heritage area that has been gazetted for the purpose of biodiversity conservation and the preservation of marine ecosystems.
“The acts of intrusion and illegal fishing activities without obtaining proper authorisation show disregard for the law and for the role of the area as a conservation zone.
“The equipment brought into the area, including boats, engines, fuel, diving gear, fish traps and fishing nets, clearly indicates their planning and intention to carry out illegal fishing activities in the area. Such actions were not spontaneous but instead were well-prepared and carefully executed.
“Sabah Parks officers discovered and seized five fishing nets along with fish catch weighing more than 28.2 kilogrammes. This proves that their fishing activities had already taken place and had the potential to destroy the marine habitat.
“The long-term impacts on biodiversity in the Park are serious and require significant costs and lengthy recovery time,” he said.
Roslizan also said that a maximum sentence should be imposed so as to send a message that such protected area not simply be encroached.
The court heard that on the said day the enforcement team led by Park Ranger Eddy Robert together with 12 enforcement personnel from Sabah Parks had carried out a patrol on the gazetted area in Taman Pulau Tiga, Kuala Penyu.
During the inspection, the team had encountered two boats with four men on board within the area.
One of the boats managed to escape while the two men, one of them identified as Jamri, inside the other boat were successfully apprehended.
Further inspection on the boat, several fishing equipment suspected to have been used for fishing activities were discovered and the team also found several types of fish weighting 28.2kg stored inside a fish storage container.
All the items were seized by the team and investigation revealed that Jamri together with the other man committed an offence under Section 48(1)(p) of the Parks Enactment 1984 (Amendment 2024), for entering the Park area without written permission from the Board, Director, or Park Officer.
Sessions Court Judge Marlina Ibrahim ordered Jamri Jamalul to pay the fine after he pleaded guilty to the charge against him on Wednesday.
Jamri had entered illegally the Plan Gazetted Area (Kawasan Warta Pelan) without written permission from the Board or Director or officer of the Sabah Parks between 5.09am and 6.26am on July 31 this year near Pulau Tiga in Kuala Penyu.
He committed the offence together with one other accused who was not present.
The offence under Section 48(1)(p) of the Sabah Parks Enactment (amended 2024) and punishable under Section 48(2) of the same Enactment provides for a jail term of up to a year, or a fine of up to RM50,000, or both, on conviction.
In asking for leneincy, Jamri told the court that he was an unemployed and had no fix income.
However, Prosecuting Officer Roslizan Sallin who together with Feldena Meldora Anthony from the Sabah Parks, urged the court to impose a deterrent sentence considering several aggravating factors such as public interest in which the sentence should serve as a lesson not only to Jamri but the public at large.
He submitted that the offence had been committed within a gazetted and protected Park area.
“Taman Pulau Tiga is a natural heritage area that has been gazetted for the purpose of biodiversity conservation and the preservation of marine ecosystems.
“The acts of intrusion and illegal fishing activities without obtaining proper authorisation show disregard for the law and for the role of the area as a conservation zone.
“The equipment brought into the area, including boats, engines, fuel, diving gear, fish traps and fishing nets, clearly indicates their planning and intention to carry out illegal fishing activities in the area. Such actions were not spontaneous but instead were well-prepared and carefully executed.
“Sabah Parks officers discovered and seized five fishing nets along with fish catch weighing more than 28.2 kilogrammes. This proves that their fishing activities had already taken place and had the potential to destroy the marine habitat.
“The long-term impacts on biodiversity in the Park are serious and require significant costs and lengthy recovery time,” he said.
Roslizan also said that a maximum sentence should be imposed so as to send a message that such protected area not simply be encroached.
The court heard that on the said day the enforcement team led by Park Ranger Eddy Robert together with 12 enforcement personnel from Sabah Parks had carried out a patrol on the gazetted area in Taman Pulau Tiga, Kuala Penyu.
During the inspection, the team had encountered two boats with four men on board within the area.
One of the boats managed to escape while the two men, one of them identified as Jamri, inside the other boat were successfully apprehended.
Further inspection on the boat, several fishing equipment suspected to have been used for fishing activities were discovered and the team also found several types of fish weighting 28.2kg stored inside a fish storage container.
All the items were seized by the team and investigation revealed that Jamri together with the other man committed an offence under Section 48(1)(p) of the Parks Enactment 1984 (Amendment 2024), for entering the Park area without written permission from the Board, Director, or Park Officer.
