SIBU: A 36-year-old Indonesian man was sentenced to a fine of RM4,000, in default, four months’ imprisonment by the Magistrates’ Court here for committing criminal trespass.
Magistrate Romario Jonoi convicted the accused named only as Titen after he pleaded guilty to the charge read and explained to him through an interpreter and understood the consequences of his plea of guilt.
According to the charge, he had entered a plot of land along Jalan Quarry, together with another still at large, on July 20 at about 10 pm, with intent to commit theft of bird nests, belonging to Sia Luk Ka, thereby committed criminal trespass which is an offence under Section 441 of the Penal Code and punishable under Section 447 of the Penal Code, read with together with section 34 of the same Code.
The offence provides for a jail term which may extend to six months or fine or both, upon conviction.
According to facts of the case, on July 29 at about 10:00 pm, at a house along Jalan Bukit Lima Timur, Sia (complainant) was monitoring the CCTV of his swiftlet birdhouse located at Jalan Quarry via a mobile phone and found something unusual happening.
The complainant, together with his wife, immediately went to the birdhouse and upon arrival, found two Indonesian men, known to him as Agus and Alex present at the premises.
Subsequently, the complainant conducted an inspection and found a ladder and tools used for harvesting bird nests leaning against the wall of the birdhouse, which he suspected were brought by them to steal swiftlet nests.
The complainant’s birdhouse has been broken into by thieves several times in the past.
He then went to the police station to file a report for further police action.
The accused was successfully apprehended by a team of police at the workers’ quarters where the accused was staying.
As a result of the investigation and the accused’s recorded statement, he admitted to entering the complainant’s birdhouse without permission, together with his accomplice stlll at large.
Deputy Public Prosecutor Haris Danial appeared for the prosecution, while the accused who was unrepresented by legal counsel, failed to pay the fine and has to serve the default sentence.
