KUCHING: Chief High Court judge of Sabah and Sarawak Tan Sri Datuk Seri Panglima Richard Malanjum yesterday convicted an officer for having deceived the Education Department using false documents.
Ahmad Iskandar Abu Samat, who is also assistant director of the department’s academic management section, was discharged and acquitted by the Sessions Court in March.
However, Malanjum overturned the decision on Thursday after allowing an appeal by the prosecution.
Malanjum then sentenced Ahmad to 12 months’ jail and fined him RM10,000, in default six months’ imprisonment.
Ahmad seemed calm when the sentence was read to him.
Ahmad had a clean record prior to the case and he had suffered enough as the case happened in 2006 but the prosecution only began last year.
DPP Stella Augustine Druce, who stood for the appellant, applied for a deterrent sentence not only as a lesson to the convict, but also to serve as a message to others to think twice before committing such an offence.
Malanjum, in passing the sentence said that as a government servant Ahmad should be aware that he was signing the Local Purchase Order (LPO).
The court ordered the exhibits to be disposed off by the prosecution on the expiry of the appeal period and if there is no further appeal.
Ahmad was also granted a stay of execution in respect of the term of imprisonment but not the fine which must be settled immediately and to post a bail of RM10,000 with RM2,000 deposited with the court.
His passport was also ordered to be surrendered to the Malaysian Anti-Corruption Commission (MACC).
The court further ordered that there be two local sureties who are persons of means or respect (either government servents or persons without criminal record). His bail terminates upon the hearing of his appeal.
“If there is no appeal, his bail shall end automatically and the convict shall commence serving the sentence,” the court ordered.
Ahmad had used a Song Enterprise Sdn Bhd invoice dated Dec 10, 2006, and a government order invoice, each for RM14,700, which contained false particulars with intention to deceive the department.
He committed the offence at his office at Bangunan Radio Televisyen Malaysia (RTM) in Jalan P Ramlee here on Dec 11, 2006.
The offence comes under Section 11 (a) of the Corruption Act 1997 (Act 575) and punishable under Section 16 of the same act which provides for a maximum 20 years’ jail and a fine of not less than five times the amount of graft involved, or RM100,000, whichever is higher.