Company owner, manager fined for unlawful possession of logs
Judge Elsie Primus imposed RM50,000 fine each on Tiong Chee Khong and Yun Ket Chun, both aged 50, after a full trial.
In her reserved decision, the judge held that the prosecution had proven its case beyond reasonable doubt against the two accused. Both of them had paid their fines.
The duo was found guilty of without lawful authority or legal right, having the logs that had not been paid royalty at a log storage area in the Sipitang Forest Reserve on February 7, 2020.
The offence was under Section 30(1) g of the Forest Enactment 1968, punishable under Section 30(2) (b) of the same Enactment.
The indictment provides for a fine of up to RM500,000 or a jail term of up to five years or both, upon conviction.
On December 18, 2024, the duo was freed from three charges of felling 707 logs illegally in the forest reserves and State land in Sipitang without their defence being called.
For this offence, which was their fourth charge, they were called to enter defence.
During mitigation, counsel Aaron Mark who represented the duo, requested for a minimum fine to be imposed on his clients saying that they were first-time offenders.
Aaron argued that that these logs were rightfully cut and it was not related to damaging environment.
In reply, Forestry Department prosecuting officer Peter Jack Empah urged the court to impose a deterrent sentence on Tiong and Yun.
Peter submitted that the offence committed by the duo not only involved a violation of the law, but it also impacted the State Government's revenue in terms of tax collection.
'The unpaid taxes to the State Government amount to approximately RM60,000. Their action of failing to pay taxes to the State Government appeared to challenge the authority of the Sabah Forestry Department as the statutory body responsible for forest resource management in Sabah.
'If such actions are not curbed, they will have long-term effects on society and may encourage more individuals to commit similar offences in the future,' Peter added.
The prosecution had called 12 witnesses to give their evidence while three defence witnesses had testified in the hearing, including Tiong and Yun.
The cases were first brought to court on June 21, 2023.
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