KOTA KINABALU: The director of a tour and car rental company has been sentenced to five months' jail for causing the death of four Chinese tourists in the 2017 catamaran tragedy.
Sessions judge Noor Hafizah Mohd Salim imposed the sentence on Chung Ket Siew @ Chung Siaw Ping, 70, on Wednesday (Jan 18) after ruling that the defence failed to cast any reasonable doubt on the prosecution’s case.
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On the first count, the court sentenced the accused to two months' imprisonment for causing hurt to 20 passengers, all from China and aged between 17 and 50, by allowing her son Leong Vin Jee, the company’s operations manager, to operate the boat in a negligent manner so as to endanger human life or the safety of others.
The accused was convicted under Section 337 of the Penal Code which provides for a jail term of up to six months or a fine of up to RM1,000, or both, on conviction.
Previously, Leong, 44, and 30-year-old boat skipper Sharezza Salian were found guilty of the same charge on March 1, 2019.
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Chung received a further three months’ jail for negligently causing the demise of four Chinese tourists, including two women, aged 27 and 49.
For this, she was convicted under Section 304A of the Penal Code which carries a jail term of up to two years or a fine or both, on conviction.
The court ordered both the jail sentences to run concurrently.
Her counsel Edward Paul, however, convinced the court to grant a stay of execution pending Chung’s appeal to the High Court here.
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The court maintained her earlier bail, pending disposal of her appeal.
Another Sessions Court had on July 18, 2018, discharged and acquitted Chung of the two charges.
The High Court here, however, instructed her to enter her defence on the said charges following a successful appeal by the prosecution.
Chung was the sole witness for her defence.
In the incident on Jan 28, 2017, a total of 28 tourists from China and three crewmen left Tanjung Aru here in a catamaran which then capsized while on the way to Mengalum Island, located some 56km north-west of the state capital.
