KOTA KINABALU: Two Palauh (sea gypsy) men were sentenced to 10 months' imprisonment each by the Sessions Court here for having various types of bombed fish.
Zaidel Mamil and Rosli Merkari, both aged 39, pleaded guilty before judge Elsie Primus to their joint charge under Section 26(1)(c) of the Fisheries Act 1985, read together with Section 34 of the Penal Code.
The offence is punishable under Section 25(b) of the Fisheries Act, which provides for a maximum fine of RM20, 000 or a jail term of up to two years or both, upon conviction.
The duo was arrested for committing the offence inside a pump boat that had no registration number at the area of Laut Bantuan Ambong in Kota Belud on Sept 18, 2021.
The facts of the case stated that they were arrested during an operation. Some 50kg of fish were believed to be caught using an explosive substance found inside the seized pump boat.
The Fisheries Department took 10 samples of fish to be handed over to an expert for post mortem examination and the results confirmed that those samples were bombed fish.
The court also ordered Zaidel and Rosli to be referred to the Immigration Department after serving their sentence for further action as they had no valid travel document.
Both unrepresented accused who communicated through a Bajau Laut interpreter asked for a lenient sentence saying among others, they have dependents.
In reply, prosecuting officer William Apin of the Fisheries Department urged the court to impose an adequate sentence on the grounds that their actions would affect the marine ecosystem.
