KUCHING: The Court of Appeal on Monday (July 13) dismissed the prosecution’s appeal against the sentence imposed on a former police officer convicted of possessing protected marine turtle eggs, affirming the High Court’s decision that there was no basis to interfere with the punishment handed down by the Sessions Court.
In a unanimous decision, a three-member bench comprising Datuk Dr Alwi Abdul Wahab, Datuk Ahmad Kamal Md Shahid and another judge ruled that the appeal lacked merit and upheld the High Court’s decision.
Supani Jamal, now 66, previously pleaded guilty to possessing 40 marine turtle eggs at De’Ketam Enterprise, Sematan Market, at about 9.35pm on Aug 12, 2023.
He faced a second charge for possessing another 190 marine turtle eggs at a house in Kampung Tanah Hitam, Lundu, at about 10pm on the same day.
The turtle eggs belonged to the Chelonidae family, which is listed as a Totally Protected Animal under the Wild Life Protection Ordinance 1998.
The Sessions Court then sentenced him to a fine of RM9,600, in default 11 months’ imprisonment.
Section 37(2)(a) of the Wild Life Protection Ordinance 1998 provides for imprisonment of up to two years and a fine of RM25,000 for each individual animal or animal part upon conviction.
According to the facts of the case, officers from the Sarawak Forestry Corporation (SFC) found that Supani did not possess a valid permit issued by the wildlife authorities to keep the turtle eggs found in his possession.
Delivering the court’s decision, the bench held that there was no merit in the prosecution’s arguments regarding the sentencing guidelines and sentencing calculator.
The court found that both the Sessions Court and the High Court had properly considered the aggravating factors before exercising their judicial discretion in determining the sentence.
“As such, the appeal is dismissed and the High Court’s decision is affirmed,” the bench ruled.
The prosecution had appealed against the High Court’s decision, which upheld the sentence imposed by the Sessions Court after Supani pleaded guilty to two charges under Section 37(1) of the Wild Life Protection Ordinance 1998.
Judicial Commissioner Zaleha Mohd Yusuf, when dismissing the prosecution’s earlier appeal at the High Court, held that there were no valid grounds to interfere with the sentence imposed by the Sessions Court.
The prosecution was represented by deputy public prosecutors Eyu Ghim Siang and Muniandy Kannyapan while the respondent was represented by counsels Raphael Lee and Christopher Bada.
