Kota Kinabalu: A 70-year-old who was involved in the catamaran tragedy that resulted in the death of four Chinese tourists was jailed a total of five months.
Sessions Court Judge Noor Hafizah Mohd Salim meted out the sentence to Chung Ket Siew @ Chung Siaw Ping, Tuesday, after ruling that the defence had failed to raise any reasonable doubt against the case.
The court convicted Chung of both charges against her.
On the first count, Chung, a director of Syarikat Golden Sailing Travel Tour and Car Rental, was jailed two months for causing hurt to 20 Chinese tourists by permitting her son Leong Vin Jee to manage and use the boat to sea so negligently as to endanger their lives.
She committed the offence with Leong, 44, and skipper Sharezza Salian, 30, who both were found guilty on March 1, 2019 and received their respective punishments.
The offence under Section 337 of the Penal Code carries a jail term of up to six months or fine of up to RM1,000, or both, on conviction.
On the second count, Chung was jailed three months for negligently causing the death of four tourists, namely He Runyuan, 46, Wang Jianyi, 38, Xie Luo, 49, and Zhang Xiau Kun, 27, by allowing Leong who ordered Sharezza to use the boat and load it which endangered human life.
The offence under Section 304A of the Penal Code provides for a jail term of up to two years or fine, or both, on conviction.
All the offences took place at the Golden Sailing Travel Tour and Car Rental Sdn Bhd premises in Asia City, here, Kg Tanjung Aru Lama Jetty and waters off Mengalum Island, off here, between 9.15am and 11am on Jan 28, 2017.
On July 18, 2018, Chung was discharged and acquitted from the two charges but the prosecution appealed against the decision and the High Court ordered Chung to enter her defence on the charges.
The defence called Chung as the sole witness during the defence.
During mitigation, counsel Edward Paul who represented Chung asked for a bond of good behaviour to be imposed on Chung, saying his client is suffering from breast cancer and under treatment.
Edward, who tendered a medical report pertaining to Chung’s health condition, said Chung needed proper medical care and that the hospital had fixed dates for Chung’s appointment in the hospital.
However, Deputy Public Prosecutor (DPP) Dacia Jane Romanus urged the court to impose a deterrent sentence on the grounds that the incident affected the tourists’ lives and some of them lost their families during the incident.
Dacia said in Chung’s capacity as one of the company’s directors, she did not do anything on the catamaran boat, adding that a deterrent sentence should be given as to deter others to not take lightly the responsibility as a director.
Dacia together with DPP Nur Faezah Jafry conducted the prosecution.
The court granted Chung’s application to stay execution of the sentence pending appeal against the decision to the High Court and her bail being maintained.
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