KOTA KINABALU: A former assistant prosecuting officer of the Sabah Islamic Affairs Department lost her appeal at the Court of Appeal here against her conviction and jail sentence imposed by the High Court for three cheating charges.
Federal Court judge Tan Sri Md Raus Sharif who sat together with Court of Appeal judges Datuk Sulong Matjeraie and Datuk Hj Mohamed Apandi Ali yesterday unanimously dismissed the appeal by Nor’ Ashikin Abdul Rahman, 38.
Md Raus held that they concurred with the decision of the High Court in finding the appellant guilty of the three cheating charges and sentenced her to one year’s jail for each charge.
“Your appeal is dismissed and the High Court’s decision is affirmed,” said Raus who then ordered the appellant to serve the custodial sentence from yesterday.
On August 27, last year, Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum allowed the prosecution’s appeal against the Sessions Court’s decision acquitting Nor’ Ashikin of all the charges.
Malanjum held that the Sessions Court judge had erred in law and in fact when acquitting the appellant at the end of the defence’s stage.
The chief judge convicted Nor’Ashikin of the three cheating charges and sentenced her to one year’s jail for each of the charges.
However, Malanjum, who ordered the jail terms to run concurrently from the date of judgement, allowed Nor’ Ashikin’s application for a stay of execution pending appeal against the decision to the Court of Appeal.
He released the appellant on RM5,000 bail, RM2,000 to be deposited with one local surety pending the disposal of the case.
For the first charge, Nor’Ashikin, who was a former assistant prosecuting officer of the department, had cheated Ajija Nordin of RM800 as payment of a fine for an offence under Section 40 (2) of the State Family Islamic Enactment, whereas in actual fact, the department had never asked for such payment.
The offence was committed at the Prosecution Division Office of the Sabah Islamic Affairs Department, ninth floor, Block A, Wisma Muis here.
For the second charge, Nor’ Ashikin had cheated Mohd Yakub Kusmin of RM600 as a deposit to pay a fine for his daughter for an offence under Section 79 (c) of the State Syariah Criminal Offences Enacment, whereas, the department had also never asked for such payment.
Nor’ Ashikin had committed the offence on Nov 12 and Nov 19, 1999 at the same place.
Meanwhile, for the third charge, she was accused of cheating Muhamad Azrie Sani of RM300 as a deposit to pay a fine for an offence under Section 58 (2) of the State Syariah Criminal Enactment.
The department had also never asked for such payment. She had committed the offence at the same place about 10am on Sept 6, 1999.
Each of the offences under Section 420 of the Penal Code provides for a jail term of between one and 10 years and whipping and a fine, upon conviction.
Counsel Rizwandean Bukhary Mohd Borhan acted for Nor’ Ashikin while deputy public prosecutor Nik Azrin Zairin Nik Abdullah appeared for the respondent.