KOTA KINABALU: The Sessions Court here found two farmers guilty of entering the Sabah Parks area in Kota Belud without permission but were released on a good behaviour bond for two years.
Judge Elsie Primus made the order on Edwin Tumbai, 57, and Tingkun Penimbol, 53.
Elsie also imposed additional terms: that both of them shall remain under the supervision of Sabah Parks for two years and that the bond shall be executed with two local sureties with bail sum of RM5,000, but only RM2,500 to be deposited to court.
"I wish to emphasise that the court has to strike a balance as far as possible between the interest of the public with the interest of the accused and believe such order will create a positive attitude and foster deeper understanding on the part of the accused of the duties and responsibilities of the Sabah Parks to protect the environment and the natural heritage for the benefit not only for both the accused, but to all the people living surrounding that area," said Elsie.
Edwin and Tingkun were convicted under Section 48(1)(p) of Parks Enactment 1984 (Amended 2007) and punishable under Section 48(1)(2) of the same Enactment which provides for a maximum one-year imprisonment or fine of up to RM50,000, or both, upon conviction.
Edwin had entered the park area without written permission near Kampung Lasau Minunsud, Kota Belud, between 8am and 12.30am in July 2017.
Tingkun had committed a similar offence near Kampung Sayap in Kota Belud at 11am on November 27, 2017.
The duo was represented by counsels Ram Singh, Kimberly Ye and Chen Wen Jye.
The prosecution team was led by deputy public prosecutor Mohammed Ali Imran.