BCS Aviation, director granted DNAA as court strikes out Mavcom unlicensed refuelling case

Kuching Court Complex (File Photo)

By Dorcas Ting

KUCHING, July 2: BCS Aviation (Sarawak) Sdn Bhd and its director, Dato Sri Robert Song Tung Wei, have been granted a discharge not amounting to an acquittal (DNAA) after the Sessions Court struck out all consolidated prosecutions brought against them by the Malaysian Aviation Commission (Mavcom).

The ruling was delivered by judge Iris Awen Jon on June 22 after she dismissed the prosecution’s application to adjourn the trial, which had been scheduled to proceed that day, pending the outcome of plea bargaining discussions.

Deputy Public Prosecutor Chuah Kai Sheng, assisted by DPP Nor Azhari Yusof from the Attorney General’s Chambers in Kuching, informed the court that the prosecution had received a plea bargaining proposal from the defence.

He said further instructions were still pending from the Deputy Public Prosecutor’s Office in Sarawak and the Attorney General’s Chambers headquarters before a decision could be made.

The prosecution had sought an adjournment to allow time for the plea bargaining process to be evaluated and for the court to monitor its progress.

However, defence counsel Datuk Bong Ah Loi objected to the application, telling the court that the plea bargaining initiative had originated from the prosecution after repeated suggestions.

He said the defence had agreed to submit a proposal in the interest of saving judicial time and legal costs, but had already been informed that the proposed terms were unlikely to be accepted. The defence therefore indicated it was prepared to proceed with the trial as scheduled.

In her ruling, judge Iris noted that the court had consistently made clear through earlier directions that no further adjournments would be granted. She also pointed out that there was no certainty the plea bargaining process would lead to an agreement, while the case, which was filed in 2024, had already been postponed on multiple occasions.

Citing the prolonged delays, the court ordered the lead case and all related consolidated matters to be struck out, granting both the company and its director a discharge not amounting to an acquittal. All existing bail conditions were also revoked.

BCS Aviation and Song were represented by Datuk Bong Ah Loi, Datuk Azrin Ahmat and Samuel Bong.

The company and its director each faced 30 charges under the MAVCOM Act 2015 for allegedly carrying out aircraft refuelling operations without a valid Ground Handling Licence at the North Pan Hangar of Kuching International Airport between July 29 and Aug 18, 2019. — DayakDaily