KOTA KINABALU: The sessions court here has adjourned the trial of three people implicated in a catamaran capsize tragedy which killed four Chinese tourists and left five people missing, to Aug 7-11.
Judge Noor Hafizah Mohd Salim fixed the new date following a request from the Deputy Public Prosecutor, Nartiah F Michelle Sambatan, who said they are awaiting the complete notes of the proceeding.
Noor Hafizah said that the adjournment is final, stressing that there will be no more postponement after the new trial dates.
Tour company owner Chung Ket Siew; her son, manager Leong Vin Jee; and catamaran skipper Sharezza Salian were present.
On March 16, the trio claimed trial to 11 charges in the Tourism Court here after they were charged under Section 337 and 304A of the Penal Code for taking the boat out to sea in a negligent manner which endangered human life and the personal safety of others.
Sharezza and Leong also face charges under Regulation 16 of the Ports and Harbours (Sabah Licensed Small ships) Regulations 2008 for failing to keep on board safety equipment such as life jackets and buoys.
The duo had also used a non-designated landing point, the Kampung Tanjung Aru Lama jetty, which is a punishable offence under Regulation 13 of the Ports and Harbours (Ports, Harbours and Dues) Regulations 2008.
Leong and his mother, Chung, also face a charge under Regulation 9 of the Ports and Harbours (Sabah Licensed Small Ships) Regulations 2008 for failing to keep the boat’s licence on the vessel.
As the registered owner of the boat, Chung also made the offence, under Regulation 13 of the same regulations, of failing to report to the authorities Sharezza’s position as the skipper.
Another charge under Section 282 of the Penal Code for ferrying passengers on unsafe water transportation was also read to Leong.
On Jan 28, 28 Chinese tourists and three crew members boarded a catamaran boat at Tanjung Aru, which capsized on the way to Mengalum Island.
Twenty tourists and two crew members, including Sharezza, were rescued and four other tourists died. Fiver others were never found.
Chung and Leong were represented by counsel Edward Paul, while Sharezza was represented by counsels Hamid Ismail and Michelle Usman.