KOTA KINABALU - The Sessions Court here yesterday allowed RM10,000 bail for a Filipino who was jointly charged with five men with possessing 1,308 turtles illegally last year.
Judge Ainul Shahrin Mohamed made the decision on IMM13 holder Ibrahim Kahal, 44, at the request of his counsel when the case came up for case management yesterday.
Ibrahim was jointly charged together with Rashed Delan, Alsadat Belog, Madal Juldin, Sidik Napaeh and Rasid Alain under Section 41(2) of the Wildlife Conservation Enactment 1997, punishable under Section 41(4) of the same Enactment and read together under Section 34 of the Penal Code.
The indictment provides for a maximum fine of RM100,000 or a jail term of up to three years, upon conviction.
The accused persons, aged between 23 and 44, were caught committing the offence of possessing the Malayan Box Turtle (Cuora amboinensis), an animal listed under the CITES Appendix II (Convention) without a valid permit in Pulau Mangalum waters at 2.45am on December 7.
Earlier, counsel Mohd Farhan Azhier, who represented Ibrahim, applied to the court to allow a bail bond against his client on the grounds that his client had a valid IMM13 document, until June 9.
In reply, prosecuting officer Abdul Karim Dakog from the Wildlife Department requested for RM30,000 bail with RM10,000 deposited if granted.
The court also ordered the RM10,000 bail to be fully deposited with a local surety and Ibrahim to report once a month to the Wildlife Department prosecuting officer.
Ibrahim was also prohibited from leaving Kota Kinabalu and he needed to obtain a written permission from the Wildlife Department if wished to do so.
Rashed and Alsadat, who are locals, were released on RM30,000 bail each with RM10,000 deposited with two local sureties during the first arraignment on December 21, 2016.
Madal, Sidik and Rasid, who are Filipinos, were further detained under Section 259 of the Criminal Procedure Code, pending the disposal of the case.
The court also maintained the trial date on March 14 this year.
In a separate case, the same court jailed four foreigners between two and four months for entering Sabah without valid travel documents.
All the accused, aged between 18 and 28, pleaded guilty before the judge to each of their charge under Section 6 (1) (c) of the Immigration Act 1959/63, which provides for a maximum fine of RM10,000 or a maximum jail term of five years or both, on conviction.
They were apprehended for committing the offence in Penampang and here between January 18 and 19.
In pleading for a lenient sentence, the accused told the court that they had been staying in the State for between a month and a year and worked as contract workers.
The judge also ordered two of the accused to be whipped once while others were spared due to their age and all to be referred to the Immigration Department after serving their sentences.