High Court dismisses Indonesians’ agarwood smuggling appeal

LIMBANG : The High Court here today dismissed an appeal filed by two Indonesians convicted of smuggling agarwood near the international border at Ba’Kelalan.

Judicial Commissioner Hamid Ismail allowed the appeal towards Irmanto, 52 and Antonius Roben, 50, after their counsel Lawrence Law decided to withdraw their appeal.

Both of them was charged under Section 30(2) of the Wild Life Protection Ordinance 1998, and they were sentenced to three years imprisonment and fined RM7500 in default three months imprisonment.

They were sentenced by the Sessions Court Judge, Cindy MC Juce Balitus on September 24.

They were charged for illegal possession of 3.37 kg of raw agarwood belonging to Aquilaria species without permit from the Controller of Wild Life along Jalan Puneng Kelalan in Ba’Kelalan on September 14, at about 6:05 pm.

Fact of the case revealed that Irmanto and Antonius were stopped and searched by several police personel from Miri’s General Operations Force Battalion 12 during ‘Ops Taring Batas’ after they were found to be moving suspiciously.

Upon inspection, they were found to be carrying wooden blocks and chips packed in several units of plastic bags. Both were then handed over to Sarawak Forestry Corporation for further investigation.

The High Court stated that the original sentences have complied with the ordinance, and further ordered that both Irmanto and Antonius were ordered to be referred to the Immigration Department upon completion of their imprisonment terms.

Personal belongings of both Irmanto and Antonius were ordered to be returned to its rightful owners respectively.

Deputy Public Prosecutors, Ronald Felix Hardin and Mohamad Mazidul Mis appeared for the prosecution.