SHAH ALAM: The High Court here yesterday upheld a six-year jail sentence and RM400,000 fine imposed on Sabak Bernam MP Datuk Abdul Rahman Bakri and his aide Rosli Busro, both of whom were found guilty of eight counts of making false claims involving RM80,000, four years ago.
Judge Datuk Akhtar Tahir made the decision after rejecting their appeal against the conviction and sentence passed by Sessions Court Judge Azhaniz Teh Azman Teh on March 1.
Akhtar also rejected their appeal for a stay of execution of the sentences and ordered them to serve the jail term from today.
In his judgement, Akhtar said Abdul Rahman was guilty of making the false claims when he was the Sungai Air Tawar assemblyman while Rosli was guilty of abetting him.
He said the defence lawyer had submitted that testimonies by two key witnesses in the case, Mohd Harmizar Sulaiman and Rizam Ismail, should not be accepted by the court on grounds that they were accomplices.
“I have read their testimonies and I don’t think that they were accomplices. They were more like a ‘yes man’ who would do anything asked by Abdul Rahman and Rosli.
“Even though they were said to be accomplices, their testimonies were supported by the testimonies of other witnesses.
“Hence, I think the Sessions Court Judge had not erred in accepting the testimonies of the two key witnesses. It is clear from their testimonies that both the accused had intention to make false claims.
“I am also confident that the Sessions Court Judge had not erred in finding both the accused guilty and in handing down a suitable sentence to them. I hereby reject the appeal against the conviction and uphold the sentences,” he said.
Abdul Rahman and Rosli were represented by counsel Datuk Seri Dr Muhammad Shafee Abdullah and Badrul Munir Mohd Bukhari while Malaysian Anti-Corruption Commission prosecution unit head Datuk Abdul Razak Musa and deputy public prosecutor Mohd Zaki Salleh represented the respondents.
Abdul Rahman, 47, was found guilty of making false claims of RM10,000 each for events that never took place.
Among the false claims were for the purchase of prizes and souvenirs and organising receptions for motivational programmes for students, People-Friendly Programmes and a Family Day, forum and Prophet Muhammad birthday celebration in his constituency.
The offences were committed at the Sabak Bernam District Office between Jan 21 and Feb 12, 2008.
The charges under Section 11(c) of the Anti Corruption Act 1997, carries a maximum jail term of 20 years and fine not less than five times the sum or value of the gratification, or RM10,000, whichever is higher.
Rosli, 44, was found guilty of abetting Abdul Rahman in committing the offences. — Bernama