For­mer teacher’s jail sen­tence for CBT main­tained af­ter ap­peal

The Borneo Post (Sabah) - - HOME -

KOTA KINABALU: The Court of Ap­peal yes­ter­day ruled that the two-year jail sen­tence meted to a for­mer se­nior as­sis­tant of pupil af­fairs con­victed of em­bez­zling the fi­nan­cial aid for poor pupils en­trusted to him, be main­tained.

Jus­tice Datuk David Wong Dak Wah, who sat to­gether with Jus­tices Dato’ Abang Iskan­dar Abang Hashim and Datuk Yeoh Wee Siam, unan­i­mously ruled that the jail sen­tence im­posed on Oth­man@ Awang Hj Abd Wahid, 57, by the lower court be main­tained.

The teacher, who was at­tached to Seko­lah Ren­dah Pekan Tuaran, had been con­victed un­der Sec­tion 409 of the Pe­nal Code by the Cor­rup­tion Court on March 21, 2014. The in­dict­ment car­ried a jail term of be­tween two and 20 years and whip­ping, and also a fine, upon con­vic­tion.

Oth­man, de­fended by coun­sel Hamid Is­mail, was found guilty of com­mit­ting crim­i­nal breach of trust in re­spect of the fi­nan­cial as­sis­tance al­lo­cated un­der the Kumpu­lan Wang Amanah Pe­la­jar Miskin (KWAPM) for 2008 in­volv­ing a sum of RM4,250 at the school be­tween March 2008 and March 2009.

Mean­while, the same Ap­pel­late Court al­lowed Oth­man’s ap­peal to set aside his con­vic­tion and sen­tence on an al­ter­na­tive charge of dis­hon­estly mis­us­ing the said money at the same place also be­tween March 2008 and March 2009. On this charge, the ap­pel­lant had been found guilty by the same lower court and jailed for an­other six months.

The al­ter­na­tive charge framed un­der Sec­tion 403 of the Pe­nal Code pro­vides for a jail term of be­tween six months and five years and with whip­ping and also li­able to a fine, upon con­vic­tion.

The ap­pel­lant had ear­lier ap­pealed against the sub­or­di­nate court’s de­ci­sion on June 3, 2016 but his ap­peal was dis­missed.

Deputy pub­lic pros­e­cu­tor Jas­mee Hameeza Jaa­far ap­peared for the re­spon­dent.

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