KOTA KINABALU: A woman and three brothers were jailed and fined by the High Court here yesterday for forging of documents related to ancestral land in Penampang.
Justice Datuk Nurchaya Hj Arshad made the decision on Levita Micheal @ Levita Lonjunang, 55, Claudeus Moikon, 55, Julius Moikon, 57, and Jeremy Moikon, 43, after allowing the prosecution’s appeal against their acquittal.
She held that the four respondents were guilty of the offence and set aside the Sessions Court’s decision.
The Moikon brothers were each sentenced to one year’s jail and fined RM20,000, in default, six months’ jail for using a fake inheritance letter dated March 3, 1999 pertaining to plots of the ancestral land, at the Native Court in Penampang at 9am on March 4 of the same year.
The offence was framed under Section 471 of the Penal Code and is punishable under Section 465/34 of the same Code, which carries a jail term of up to two years and a fine, or both, upon conviction.
Meanwhile, Levita was jailed for three years and fined RM50,000, in default, 12 months’ jail for forging the thumbprint of Lojuning Moikon for the purpose of transferring the land ownership to the Moikon brothers, at the same place and time.
The offence was framed under Section 468 of the Penal Code, which provides for a maximum jail term of seven years and a fine, upon conviction.
Previously, Levita and the Moikon brothers were discharged and acquitted by the Sessions Court here from their offences on July 23, 2105.
In mitigation, counsel Zahir Shah, who represented all the respondents prayed for lenient sentence to be imposed against his clients.
Deputy public prosecutor Wan Farrah Farriza Wan Ghazali requested for a deterrent sentence to be imposed against the respondents taking into consideration of public interest and serious offence involving forgery.
All of the respondents were ordered to serve their jail sentences from the date of conviction and allowed for the fines to be paid until June 10 this year with two local sureties.
The court also allowed a stay of execution on all the respondents and released each of them on RM5,000 bail with two local sureties, pending their appeal at the Court of Appeal.