Fish trader Essam Al-Bala'a has demanded an investigation into what he alleges is foul-play resulting in his expensive Arowana fishes imported from Singapore to Malaysia either to be confiscated or go missing.

"No smuggler, if that is what I am, will ask for an investigation. I am asking my rights and demanding that the case be brought before a judge so that the truth will be revealed," he told malaysiakini when met today.

"Only the judge can decide who is actually a criminal, me or the officials who have stolen and killed the fishes."

Furious, he accused the Johor Fisheries Department of playing a 'time game' to make him forget about the matter.

"They refuse to answer any of my requests and complaints," he said, adding that his repeated calls to the department have not been entertained.

Accompanied by DAP parliamentarian Tan Kok Wai and DAP Johor chief Dr Boo Cheng How, Essam brought his grouses to Agriculture and Agro-based Industry Minister Muhyiddin Mohd Yassin's aid Dr Shahruddin Mohd Salleh in Putrajaya this afternoon.

Essam issued an one month ultimatum to the ministry to respond to his demand to carry out an investigation, or face a legal action. "Once I take a legal action. I won't compromise. I think a one month notice is more than enough," he said.

On January 11, Essam, an Arab national and permanent resident of Singapore, alleged that 35 Arowana fish out of the 280 he had imported from Singapore and valued at RM175,000 were confiscated with about 40 odd missing.

Another version

As owner of the Majestic Fish Trading Sdn Bhd company based in Malaysia , he said the fish were confiscated at the Second Link Customs Complex on Dec 28 after a scan by Johor Fisheries Department officers allegedly showed that the fish were not embedded with microchips as required under the law.

However, the Johor Fisheries Department has its own version of the story.

Johor Fisheries Department Director Gulam Sarwar Jan Mohammad was reported last month as saying that the total number of Arowanas brought in by Essam was 335, but only 300 complied with rules stipulated by Convention on International Trade in Endangered Species of Flora and Fauna (Cites). These fish were returned to the company upon completion of the department's inspection.

"Only 331 of the fish brought in were declared by the entrepreneur on Dec 6 at a value of RM136,955 when he submitted the import permit form. But a total of 335 Arowanas were found when the inspection was carried out on Dec 8. The value of 17 fish that died later involved several thousand ringgit only," he was quoted as saying by Bernama.

Gulam said only the lorry driver bringing in the fish was present during the department's inspection after which Majestic Fish Trading was compounded RM2,000 under Section 40 (1) (a) of the Fisheries Act 1985 for importing 35 fish without valid permits.

Rebutting Gulam, Essam said today he was together with the lorry driver when the inspection was carried out but was ignored.

"They did not fine or charge me. Why? They instead took on the poor driver," he said, adding that he paid the compound on behalf of the driver later.

Meanwhile, Tan, when contacted said during the meeting, Shahruddin agreed to bring the matter to the attention of the minister and will respond 'as soon as possible'.