KOTA KINABALU: The High Court here yesterday substituted a three-year bond of good behavior with a six-month custodial sentence on an administrative assistant for the Land and Survey Department convicted on two corruption charges.
Justice Ravinthran Paramaguru also imposed a fine of RM10,000, in default, three months’ imprisonment on Junatte Yanggot, 58, after allowing a prosecution appeal against the lower court’s decision.
In his ruling, Paramaguru noted that the prosecution is appealing on the grounds that the charge carries a maximum 20 years’ jail.
He further said that due consideration was given to the relatively small amount of RM200 received by the respondent, his long service as a public servant and his poor health.
However, he took into consideration public interest and ruled that the initial bond of good behavior meted out would send a wrong message to the public, and thus substituted the lower court’s decision.
Paramaguru also held that it is important for citizens to conduct themselves with values of integrity and honesty.
On August 2, this year, the lower court placed the three-year bond of good behavior on Junatte after he pleaded guilty to two counts of graft.
On the first count, he admitted to receiving a bribe of RM200 from one Stanly Datu as inducement for him to not inspect Stanly’s house for an EPF withdrawal on March 21, this year at the Land and Survey Department office in Keningau.
On the second charge, he was accused of receiving a bribe of the same amount from the same man, for the same reason on March 27, this year, at the same place.
Both charges under Section 16 (a) (B) of the Malaysian Anti-Corruption Commission Act 2009, and Section 17 (a) of the same Act, respectively, are punishable under Section 24 of the same Act. The offences provide for maximum 20 years’ imprisonment and a fine of five times the bribe, or RM10,000, depending on which is the higher amount, on conviction.
The High Court also granted Junatte, represented by counsel Peter Allion, a stay of execution, pending another appeal against yesterday’s decision.
Paramaguru released him on RM5,000 bail with one local surety.
Prosecuting was done by Mohd Asnawi Abu Hanipah of the Malaysian Anti-Corruption Commission.