SEMPORNA: A Chinese tourist and an undocumented man have claimed trial to a charge of negligently operating a jet ski which crashed into an inflatable sea ride and seriously injured a Malaysian tourist.
The two were jointly charged at a Semporna Magistrate's Court on Aug 18 under Section 338 of the Penal Code with operating the jet ski in a negligent manner that endangered human life and caused grievous hurt to the 54-year-old victim.
Both pleaded not guilty to the charge.
The Chinese national, who was represented by counsel, was granted bail of RM2,000 with two local sureties who have permanent addresses in Semporna.
The prosecution also applied for his passport to be surrendered to the court as an additional bail condition.
The other accused, who did not possess valid identification documents, was denied bail and ordered to be detained under Section 259 of the Criminal Procedure Code.
The case has been fixed for mention on Sept 3.
If convicted, they face up to two years' imprisonment, a fine of up to RM2,000, or both.
The prosecution was conducted by Insp Muhammad Nur Faez Hazreeq Abdullah.
Semporna OCPD Supt Tan Hiap Wah, in a statement later, said the charge stemmed from an incident at about 10.30am on Aug 15 in waters off Pulau Timbun Mata.
The victim was taking part in a sea activity with his child on a “flying fish” inflatable ride when it was struck by a jet ski carrying the two accused.
He sustained serious injuries and was taken to Semporna Hospital before being referred to Tawau Hospital for further treatment.
Tan said police initially investigated the case under Sections 280 and 338 of the Penal Code before completing the investigation papers for prosecution.
He said police view any negligent or reckless conduct during sea activities that could endanger the lives and safety of others seriously.
