Former teacher’s jail sentence for CBT maintained after appeal
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.