KUDAT: The state judiciary has received a new set of guidelines for dealing with crimes involving wildlife.
The first of its kind in Malaysia, it was formulated during a series of workshops and meetings involving the judiciary, Attorney-General’s Chambers, Sabah Law Association and World Wildlife Fund-Malaysia since 2017.
In a simple ceremony here today, Chief Judge of Sabah and Sarawak Datuk Seri David Wong Dak Wah signed it and handed it over to the Registrar of High Courts of Sabah and Sarawak to be implemented.
“The discretion of judges and judicial officers is not hampered by the guideline in any way when meting out sentences, but any departure from it must be premised on sound reasons,” Wong said.
“The guideline takes into account the level of culpability of the offence, level of harm caused by the accused and, of course, the aggravating and mitigating factors presented by the prosecution and the accused or defence,” he added.
As there is rampant illegal trade in wildlife in Sabah, concerns have been raised that punishments for poachers and illegal wildlife traders do not reflect the severity of their crimes.
Seeing the need for wildlife crime to be treated with utmost importance, the Environmental Court, which specialises in environment-related cases, was launched in 2015 under the guidance of the former Chief Judge of Sabah and Sarawak, Tan Sri Richard Malanjun.
To strengthen the Environmental Court, the judiciary discussed the need for sentencing guidelines beginning with a Sentencing Guideline for Wildlife Crime.
The first workshop to put together the guideline was officiated by Malanjun in 2017.
Subsequently, WWF-Malaysia arranged for a green criminologist from WWF-United Kingdom to assist and advise the judiciary on the guidelines.
As the Sabah Wildlife Conservation Enactment 1997 (WCE 1997) is the only legislation that covers the management of wildlife in Sabah, it became the reference for the guideline on wildlife crime.
WWF-Malaysia praised the state judiciary for creating the guideline and expressed hope that it deters would-be perpetrators from committing wildlife crimes.
“Sabah is blessed with rich biodiversity, which no doubt attracts irresponsible individuals or groups looking to profit from it in an unsustainable manner,” said WWF-Malaysia conservation director Dr Henry Chan.
“The population numbers for most of our prized wildlife like turtles, pangolins, sun bears and clouded leopards are dwindling in part due to illegal wildlife trade.
“We hope that these guidelines will help create a stronger deterrent to keep poachers away from wildlife be it in our forests or in our seas,” he said.