Rafizi gets 30 months
THE PKR vice-president and a former clerk are found guilty of leaking banking details of the National Feedlot Corporation and its executive chairman.
AFTER seven years of trial, PKR vice-president Mohd Rafizi Ramli was sentenced to 30 months’ jail by the Sessions Court yesterday for exposing the bank account details related to National Feedlot Corporation Sdn Bhd (NFC) and its executive chairman Datuk Seri Dr Mohamad Salleh Ismail.
Former bank clerk Johari Mohamad, 47, who was charged with abetting Rafizi, 41, was also sentenced to 30 months’ jail after both of them were convicted.
Judge Zamri Bakar said the court found that the defence had failed to raise a reasonable doubt in the prosecution’s case.
“After making maximum evaluation, the court finds that the prosecution has proven its case beyond reasonable doubt, and therefore, both accused are found guilty of the charges.”
Rafizi and Johari looked at each other after the verdict was delivered at the courtroom, which was filled with supporters.
In mitigation, counsel Ahmad Nizam Hamid, who represented the Pandan member of parliament, said the act by his client was committed as a sense of public responsibility.
“He is a member of parliament chosen by the people and he made the disclosure as a sense of duty to the public and his duty to inform people about the issue faced by NFC,” he said, adding that his client had not gained any profit from the act.
Counsel Latheefa Koya, who represented Johari, in pleading for leniency, said there was no evidence by the prosecution that her client had benefited from the offence.
“This is his first offence. He has no criminal record,” she said, adding that Johari, who is a father of three, was the sole breadwinner of his family.
Deputy public prosecutor Lailawati Ali urged for a deterrent sentence for both accused as it was a serious offence.
“All banking details are confidential and must be protected by the banks,” she said, adding that what Rafizi and Johari did might make not only Malaysians but foreign investors lose confidence in banking institutions.
She submitted that Johari, who had worked for the bank for 17 years, should know better to protect banking information that he had access to.
“I’m afraid if a heavy penalty is not meted out, the public will get the wrong message that such offence is not serious,” she said.
Lailawati proposed a minimum RM500,000 fine and a six-month jail term to be imposed on both accused.
Nizam applied for a stay of execution pending appeal.
Zamri maintained the bail of RM15,000 with one surety for each accused pending appeal.
Nineteen prosecution witnesses were called to testify in the trial, while Rafizi and Johari testified in their own defence.
On Aug 1, 2012, Rafizi pleaded not guilty to disclosing four statements of account belonging to bank customers — NFC, National Meat and Livestock Sdn Bhd, Agroscience and Industries Sdn Bhd and Salleh — to two individuals identified as Yusuf Abdul Alim and Erle Martin Carvalho.
The offence was committed at the PKR head office at Merchant Square, Jalan Tropicana Selatan, Petaling Jaya, on March 7, the same year.
On the same day, Johari was charged with conspiring with Rafizi.
Both of them were charged under Sections 97(1) and 112(1)(c) of the Banking and Financial Institutions Act (Bafia), punishable under Section 103 (1) (a) of the same act, which carries a maximum jail term of three years or a maximum fine of RM3 million or both, upon conviction.
On Sept 10 of the same year, Rafizi filed an application at the High Court to set aside the charge against him on the grounds that it was politically motivated.
Rafizi, who was on Nov, 14, 2016, sentenced to 18 months’ jail by the Kuala Lumpur Sessions Court for unauthorised possession and exposure of the confidential 1Malaysia Development Bhd audit report, has also appealed to the Court of Appeal against his conviction and sentence in that matter.
The charge was framed under the Official Secrets Act 1972 .
The High Court on Aug 23, 2017, upheld the Sessions Court’s decision.