RAUB: A businessman and an excavator driver were each fined RM100,000 by the Raub Sessions Court on Wednesday after pleading guilty to clearing Pahang state land in Lipis without official permission last November.
The accused, Bong Jau Chong, 79, and Chong Teck Kong, 62, made the plea before Judge Noor Aisah Mohamed after the charge was read by the court interpreter.
The court also imposed a 12-month prison sentence if the fine is not paid.
An excavator was also forfeited to the state government.
According to the charge sheet, both accused were charged with jointly clearing state-owned land without permission at Kampung Seberang Jelai, Mukim Telang, Kuala Lipis, around 3pm on Nov 21 last year.
They were charged under Section 425(1)(b) of the National Land Code (Amendment 2020) [Act 828], read together with Section 34 of the Penal Code, which provides for a maximum fine of RM500,000 or imprisonment for up to five years, or both.
The prosecution was led by Prosecuting Officer Taqiuddin Azizan from the Pahang State Enforcement Unit (UPNP), while both accused were represented by lawyer Lim Zi Shin.
In the defence’s plea, it was stated that the clients did not commit a serious crime and only cleared 0.2 acres of land adjacent to their property to prevent wild animals from entering.
The accused also pleaded guilty, saving the court’s time.
However, the prosecution requested a commensurate and exemplary sentence and the forfeiture of the seized machinery to the state government.
Judge Noor Aisah subsequently imposed a fine of RM100,000 on each accused and set a 12-month imprisonment if the fine is not paid.
According to the case facts, during the raid, the authorities found the area being cleared by an individual using an excavator.
No approval was given for the land clearing.
The authorities then seized the machinery and detained two individuals — the excavator driver and the person who instructed the land clearing.
Both individuals were taken to the Lipis District Police Headquarters (IPD) and a notice of machinery seizure was served to the excavator driver under the provisions of Section 426A(5) of the National Land Code (Act 828).
Investigations revealed the excavator driver, the second accused, received instructions from the first accused to clear the land adjacent to Lot 864, owned by the first accused.
The investigating officer also confirmed the coordinates with the Department of Survey and Mapping Malaysia (JUPEM).
A letter dated Dec 24, 2024, from JUPEM confirmed the coordinates did not lie within any surveyed land lot.
Furthermore, a check by the Lipis District and Land Office through a letter dated Jan 9, 2025, confirmed the raid location was on state land.
-TheStar