High Court upholds conviction, sentence on two Indian nationals for keeping protected tortoises

KUALA LUMPUR: The High Court here today upheld the conviction and 24 months' jail sentence meted out by a lower court on two Indian nationals for keeping and causing hurt on 36 'Geoclemys Hamiltonnii' tortoises last year.
Judge Datuk Azman Abdullah made the decision after dismissing an appeal by Nagoor Kani Kamal Basha, 35, and Nizamudeen Shamshudeen, 40, against the conviction and sentence handed down by the Sessions Court on Aug 1 last year.
In the judgment, Azman said the decision by the Sessions Court judge was valid and sufficient, and the court was satisfied with the punishment.
"The sentence is not heavy because both the appellants were ordered to serve the punishments for all three charges concurrently from the day of their arrest," he said.
Azman said he believed the punishments would ensure the survival of the wildlife, not only in Malaysia, but also the world.
The men were sentenced to 24 months' jail each by the Sessions Court here on three counts of keeping the protected tortoises without a permit and also for cruelty.
Judge Harmi Thamri Mohamad @ Shaharudin sentenced them to 24 months' jail each on the first and second charge, which were for keeping the tortoises, and three months' jail on the third count for cruelty on animals.
Nagoor Kani and Nizamudeen were ordered to serve the jail sentences concurrently from the date of their arrest on July 26 last year.
On the first count, Nagoor Kani and Nizamudeen were charged with 25 of the female Geoclemys Hamiltonnii tortoises, which are protected animals under the Wildlife Conservation Act 2010, without special permit.
The charge, under Section 70 of the law, provides a fine of up to RM300,000, or imprisonment for up to 10 years, or both, upon conviction.
The second charge, for keeping 11 male tortoises of the same species without special permit, was made under Section 68 (1) (a) of the same law which carried a fine of up to RM100,000, or imprisonment for up to three years, or both, upon conviction.
The two men were also charged with committing cruelty on the animals by placing the tortoises in four baggage.
The charge, under Section 86 (1) (c) of the same law, provides a maximum fine of RM50,000, or imprisonment for up to a year, or both, upon conviction.
All the offences were committed at room 209, Happy Holiday Hotel, No. 19, Jalan Lou Chung, Jalan Tun Perak, here at 1am on July 26 last year.
The prosecution was conducted by deputy public prosecutor Aznika Mohd Anas, while Nagoor Kani and Nizamudeen were represented by lawyer R. Palaya. — Bernama