KOTA KINABALU: A tour company director who was involved in the catamaran tragedy that resulted in the deaths of four Chinese tourists in Sabah was sentenced to five months in prison.
In the incident, 28 tourists from China and three crew members boarded a catamaran at Tanjung Aru near here on Jan 28, 2017.
The boat capsized on the way to Mengalum Island.
It was reported that 20 tourists and two crew members were rescued, four tourists died and five others were never found.
Sessions Court judge Noor Hafizah Mohd Salim meted out the sentence on Chung Ket Siew @ Chung Siaw Ping, 70, after ruling that the defence failed to raise reasonable doubt against the prosecution's case.
In her judgment, Noor Hafizah said a deterrent punishment was needed to serve as a lesson to the accused and other would-be offenders, especially those involved in the operation of tourism companies.
On the first count, Chung was sentenced to two months' jail for causing hurt to 20 passengers, all from China aged between 17 and 50, by allowing her son Leong Vin Jee, the company operations manager, to steer the boat to sea so negligently as to endanger human life or the personal safety of others.
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, upon conviction.
Leong, 44, and boat skipper Sharezza Salian, 30, were found guilty of the same charge on March 1, 2019, and received their punishments, respectively.
On the second count, Chung received another three-month jail sentence for negligently causing the deaths of four Chinese tourists, including two women aged 27 and 49, not amounting to culpable homicide.
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.
The court ordered the jail sentence to run concurrently effective today.
However, Chung was granted a stay of execution pending an appeal to the High Court.
The lower court had on July 18, 2018, discharged and acquitted Chung from the two charges, but the High Court ordered Chung to enter her defence on the charges after allowing the prosecution's appeal against the acquittal.
Deputy public prosecutors Dacia Jane Romanus and Nur Faezah Jafry prosecuted while Chung was represented by counsel Edward Paul.
The prosecution called several witnesses, while Chung was the sole witness during her defence.
Earlier in mitigation, Edward asked for a bond of good behaviour to be imposed on Chung and said that his client is suffering from breast cancer and still undergoing treatment.
However, Dacia urged the court to impose a deterrent sentence as the incident led to the loss of human lives.