Tuesday September 9, 2008 MYT 8:25:38 PM
Ferry tragedy trials postponed
By GLADYS TAY
KOTA TINGGI: A court proceeding involving the Pulau Tioman ferry tragedy that killed seven people last year had to be postponed as the defence lawyers did not have the proper documents.
Out of the six people charged, five were represented while the sixth was unrepresented.
Company director Hashim Mohd, 49, said that he could not afford to hire a lawyer.
Sessions Court judge Kunju Krisnan K. Chathu Nair then told him that this was a serious case and told him to get assistance from the Johor Baru legal aid bureau.
Lawyer S. Vijayaretnam who was representing four others requested that the case be postponed because most of the documents needed for the trials were still with the Mersing Marine Department.
He told the judge that he only received some of the documents on the morning of the first day of trial and did not have enough time to go through them.
Vijayaretnam who was representing ferry captain Wan Fahrorozi Wan Naman, 35, and three directors of Seagull Express 2 -- Law Ah Hwa @ Lau Khoon Chan, 62, Law Kohoon Huat, 58, and Law Khoo Hock, 53 -- also requested in the court that the documents be returned to him.
Kunju Krisnan then fixed Jan 7 and 8 for the trials.
A total of five Seagull Express 2 company directors were slapped with three charges while the captain was slapped with four charges following the ferry tragedy on Oct 13 last year that claimed seven lives.
The ferry was carrying 106 people when it caught fire and sank at 12.30pm near Pulau Tioman.
Another lawyer Gunasegaran represented the other defendant Law See Hock, 60, who was also the director of the company.
All the defendants were charged under Section 300(1) of the Merchant Shipping Ordinance 1952 for sending an unseaworthy ship to sea, which carries a fine not exceeding RM20,000 or jail of not more than two years or both.
They were also charged under Section 474 of the same ordinance for operating the ferry without a licence which carries a fine not exceeding RM1,000.
The directors were also charged under the Merchant Shipping (Medical examination) Rule 1999 for employing two persons who did not have valid medical examination certifications which carries a maximum fine of RM10,000.
The captain was slapped with an additional charge under Section 235 of the Merchant Shipping Ordinance for sailing without a certificate of survey and Section 233 of the same ordinance for departing without a passenger list.
Deputy Public Prosecutor Zulharry Abdul Rashid prosecuted the case.
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