KOTA KINABALU: The Sessions Court here has fixed Aug 27 to 30 for three people implicated in a catamaran tragedy to enter their defence.
On Jan 28 last year, 28 Chinese tourists and three crew members boarded a catamaran at Tanjung Aru near here, which capsized on the way to Mengalum Island.
Twenty tourists and two crew members were rescued. Four tourists died. Another five were never found.
Tour company director Chung Ket Siew @ Chung Siaw Ping, 64, manager Leong Vin Jee, 44, and boat skipper Sharezza Salian, 25, were charged separately under Section 337 of the Penal Code for causing hurt to 20 passengers, all from China, by taking the boat to sea so negligently as to endanger human life or the personal safety of others.
The trio were also charged under Section 304A of the Penal Code with negligently causing the death of four Chinese tourists, not amounting to culpable homicide.
Sharezza and Leong also face two joint charges of failure to keep the appropriate safety equipment on the boat at all times and for embarking passengers at the Kampung Tanjung Aru Lama jetty, which is not a designated landing point.
Leong and his mother, Chung, were also charged under Regulation 9 Ports and Harbours (Sabah Licensed Small Ships) Regulations 2008 for failing to keep the boat licence on the vessel.
Chung, the registered owner of the boat, was also charged with failing to report to the authorities on Sharezza’s position as the skipper.
Judge Noor Hafizah Mohd Salim said the prosecution had proven a prima facie case in all cases against the trio, except under Section 337 and Section 304A of the Penal Code against Chung.
Chung and Leong were represented by counsel Edward Paul and Elffie Johnny, while Sharezza was defended by counsel Michelle Usman.
Deputy public prosecutor Nartiah F. Mirchelle Sambatan prosecuted.