The Star 5 Nov 10;
SHAH ALAM: Convicted wildlife smuggler Anson Wong has been slapped with a five-year jail term, after a High Court here allowed an appeal filed by the Attorney-General's Chambers for a heavier sentence against him.
The court also ordered for a fine of RM190,000, imposed on Wong in a previous judgement by a Sessions Court judge, to be returned to him.
Justice Mohtarudin Baki said in his judgement Thursday that the Sessions Court judge did not consider the large number of snakes in Wong's possession in his ruling.
"From the charge, it was stated that there were 95 boa constrictors.
"The judge did not emphasise on the number," he said.
Justice Mohtarudin said had the snakes escaped, the safety of the airport and flight would have been in jeapordy.
"It is apparent that the accused is greedy and only thought of himself. He did not care about other people.
"Let this punishment be a deterrent for the accused and would-be offenders out there," he said.
Wong’s sentence increased to five years
TRAFFIC 4 Nov 10;
Kuala Lumpur, Malaysia, 4th November 2010—Wildlife smuggler Anson Wong, sentenced to six months in jail in September, has seen his prison term raised to five years by a Malaysian High Court.
The change followed an appeal by the Attorney-General's Chambers over the earlier sentence.
In his judgement, Justice Mohtarudin Baki of the Shah Alam High Court said that the Sessions Court judge, who initially sentenced Wong, had not taken into account the large number of snakes in Wong's possession in his ruling.
Had the snakes escaped, the safety of the airport staff and passengers would have been in jeopardy, Justice Mohtarudin Baki said.
He added that the accused was motivated by profit and was willing to smuggle with no concern for the safety of those around him and had no regard for the law. In reaching his decision, Justice Mohtarudin also took into account public interest in the case, noting that it should always prevail.
He then said the earlier sentence of six-months jail and RM190,000 (USD61,500) in fines was overruled before going on to announce the new, increased jail term to a packed courtroom.
In addition to the longer prison sentence, the court also ordered the RM190,000 fine imposed on Wong in the previous judgment be returned to him as this was his first offence in the country.
Wong’s defence counsel Datuk Seri Muhammad Shafee Abdullah immediately announced his intention to appeal the sentence.
“The message to wildlife smugglers in Malaysia is loud and clear: carry on as you are and you will be spending years of your life behind bars,” said TRAFFIC Southeast Asia senior programme officer Kanitha Krishnasamy.
TRAFFIC Southeast Asia Regional Director, William Schaedla also expressed optimism over the sentence.
“This is a great start. We hope Malaysia’s new ‘get-tough’ stance will continue with investigations and convictions of other large-scale wildlife smugglers still operating in the country.
“We also hope other nations in Southeast Asia take notice of today’s watershed ruling. For far too long, countries in this region have allowed their reputations to be tarnished and their natural treasures to be taken by thieves.
“This bold sentence shows they can address wildlife crime when the will is there.”
Prison term of wildlife smuggler raised to 5 years
Rita Jong New Straits Times 5 Nov 10;
SHAH ALAM: Businessman Anson Wong Keng Liang, who was initially supposed to serve six months in jail for illegally exporting boa constrictors, will now have to spend five years behind bars.
This came about when High Court judge Datuk Mohtarudin Baki on Thursday allowed the prosecution's appeal against Wong for a heavier sentence.
He said Wong's counsel, Datuk Seri Muhammad Shafee, had submitted that the offence was technical in nature and that Wong was a licensed trader.
"I disagree with the counsel's submission as exporting the snakes without a permit is equivalent to smuggling.
"The respondent (Wong) had himself admitted (during sentencing at the lower court) to the concern of profits and not to the animals' welfare," Mohtarudin said when allowing the prosecution's appeal against Wong's earlier sentence, which was delivered by the Sepang Sessions Court.
On Sept 6, Wong was sentenced to six months' jail and fined RM190,000 after he pleaded guilty to illegally exporting the endangered species without a permit at the Kuala Lumpur International Airport in Sepang at 8.50pm on Aug 26.
The prosecution subsequently filed an appeal for a heavier sentence following an outcry from non-governmental organisations and the public.
Yesterday, Mohtarudin said the 95 boa constrictors were crammed into a small bag and that the Sessions judge had erred when he did not take into account the numbers of the boas involved.
"According to the facts of the case, there were also two venomous rhinoceros vipers found in Wong's bag. If the animals had escaped, the people at the airport would be in danger.
"For profit, you were willing to place other people's lives at stake. Hence, you must be taught a lesson and a strong message must be sent to the public," he said.
He added that in the haste to chase wealth, consideration must be given to people and animals. "Otherwise, we might as well be animals ourselves.
"It clearly shows you (Wong) did not respect the law.
"Therefore, I find the lower court judge had erred for not considering the severity of the case."
Mohtarudin allowed the appeal and set aside the earlier sentence.
He then ordered Wong to serve five years in jail from the date of his arrest on Aug 27.
He also ordered the RM190,000 fine, which Wong had paid, to be returned to him.
"Since this was your first offence and that you had pleaded guilty, I shall not impose a fine," he said.
Shafee applied for the court to provide grounds of judgment to enable him to file an appeal as Wong's earlier sentence of six months' jail will expire in January.
Deputy public prosecutor Mohd Dusuki Mokhtar appeared for the prosecution.
Wong, 52, an international wildlife trader, was in KLIA on transit from Penang to Jakarta when the snakes were found in his suitcase.
Under the International Trade of Endangered Species Act, he was liable to a maximum fine of RM100,000 for each animal but the total fine should not exceed RM1 million, or up to seven years' jail, or both.
In 1998, Wong was arrested in Mexico City and was extradited to the United States three years later where he was sentenced to 71 months' jail.
He had pleaded guilty to 40 counts of smuggling, conspiracy, money laundering and violations of US wildlife protection laws.
It was dubbed one of the largest cases of illegal trade ever prosecuted in the US.
