By Dorcas Ting
KUCHING, Dec 16: Five Indonesians were sentenced to a total jail term of three months by the Sessions Court here today for trespassing and illegal logging at Gunung Gading National Park.
Gilbertus Culo, Trisitrisno, Suheadi Uncang, Kri Santus and Kenesius Oktavianus Ungge pleaded guilty to all offences charged under National Parks and Nature Reserves Ordinance 1998 and Forests Ordinance, 2015.
In their mitigation they said that a “towkay” told them to enter the said national park, and they were not aware that their acts breached Malaysian law.
They said they had to take care of their families back in Indonesia, one of them said his wife was going to deliver anytime soon and wished to be by her side when she delivered.
Some of them sobbed in court when they talked about their families back in Indonesia during their mitigation.
Sessions Court Judge Marutin Pagan accepted their plea of guilty and convicted them as charged.
Marutin sentenced each of them to imprisonment of one month for the first charge, a fine of RM 25,000 or in default to two months imprisonment and further fine 10 times the value, which is RM 17,451.50 and one month imprisonment for the second charge, one month imprisonment for the third charge.
He also ordered the imprisonment term to run concurrently, from the date of their arrest. They are to be referred to the Immigration department for deportation after serving their sentence here.
For the first charge, they were found have to entered Gunung Gading National Park without the permission of the controller of national parks and nature reserves, at about 2.37pm on December 11 this year.
They were charged under Section 26(a) of the National Parks and Nature Reserves Ordinance 1998 and read together with Section 34 of the Penal Code and punishable under Section 32(a) of the National Parks and Nature Reserves Ordinance 1958, which carries a fine of RM 5,000 or imprisonment for one year or both.
For the second charge, they were found to have collected five logs and 40 sawn timbers totalling 13.4242m3 in Gunung Gading without a licence.
They were charged under Section 90(1) of the Forests Ordinance, 2015 and read together with Section 34 of the Penal Code and punishable under Section 90(a) and 90(2) of the Forest Ordinance 2015, which carries fine between RM 25,000 and RM 150,000 and imprisonment not exceeding five years.
For the third charge, they were found to have erected a building within Gunung Gading National Park without permission of the controller of national parks and nature reserves.
They were charged under Section 26(i) of the National Parks and Nature Reserves Ordinance 1998 and read together with Section 34 of the Penal Code and punishable under Section 32(a) of the same ordinance, which carries a fine of RM 5,000 or imprisonment for one year or both, upon conviction.
DPP Hisyamudin Roslan prosecuted while the accused were not represented by counsel. —DayakDaily
