Ex-prison warden jailed 60 months
A former prison warden was sentenced to a total of 60 months' jail plus RM150,000 fine, in default, 15 months in jail for 15 counts of receiving bribes involving a total of RM2,150.
KOTA KINABALU: A former prison warden was slapped with a total of a 60-month jail sentence plus RM150,000 fine, in default, 15 months in jail for 15 counts of receiving bribes involving a total of RM2,150.
Sessions Court Judge Abu Bakar Manat passed the sentence on Dulaham Ajak, 45, after the latter admitted to all the charges, yesterday.
On the first to the ninth counts, he received a total of RM1,250 cash from Lohendran S/O Lethcmanan, through his personal account as wages for Dulaham to bring in prohibited articles into the prison.
The prohibited articles were meant for a prisoner, Eswaran S/O Susop and such act is in violation of Section 58 of the Prisons Act 1995.
On the tenth to fifteenth counts, he received a total of RM900 cash from Nila D/O Ramasamy for the same purpose.
The offences took place at a bank branch in Karamunsing here between August 25 to December 20, 2017.
Receiving bribes is an offence framed under Section 17(a) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which provides for a jail term of up to 20 years and a fine of not less than five times the amount of bribe received or RM10,000, whichever is higher.
Abu Bakar imposed RM10,000 fine, in default, a month imprisonment and four months in jail for each charge.
The jail sentences were to be served concurrently starting from yesterday, ordered Abu Bakar.
In mitigation, Dulaham, who was represented by counsel PJ Perira, prayed for leniency on the grounds that he is a first-time offender and admitted to the charge which saved the court’s time and expenses.
Perira said his client also showed remorse and repent through the guilty plea and cooperated throughout MACC investigation.
He added that Dulaham, who has a five-year-old child, had served as a civil servant for 25 years and currently had lost his pension.
Perira also explained to the court that his client, who was attached to the condemned cells, had used the money to facilitate the prisoner to buy food and tobacco.
Therefore, he sought the court’s indulgence to impose a minimal fine on his client and for the jail term to run concurrently.
Deputy public prosecutor Rozanna Abd Hadi from the MACC in her reply, urged the court to impose a maximum and deterrent sentence against the accused.
She said the court should take into consideration public interest and the accused’s decision to get involved in bribery, which is a serious and rampant offence.
Rozanna added that the accused was responsible for the safety and peace of the condemned prisoners but he jeopardized it by bringing in the prohibited articles.
She said the accused’s act was a betrayal towards the prison institution and the safety of the country.
Moreover, she emphasized that though the amount involved throughout the period of August - December, 2017 was a total of RM2,150 but bribery would always be a bribery.
Meanwhile, in a separate case, the same court ordered a police inspector, Yugeswaran Surinaraina, 29, to enter his defence on January 31 and February 1 next year on two charges of receiving gratification amounting to RM4,000.
Abu Bakar made the order after he ruled that the prosecution had established a prima facie case against Yugeswaran.
In the first charge, Yugeswaran, as an investigating officer of a cheating case was alleged to have received RM2,000 from Abdul Ghani Mohd Alip as an inducement to keep his subordinate quiet about Abdul Ghani’s son for a drug abuse offence.
Abdul Ghani’s son was being investigated for cheating.
The offence allegedly took place at a police station in Sandakan between 10am and 11am on January 17, 2017.
On the second charge, Yugeswaran was alleged to have received another RM2,000 bribe from the same person as an inducement to close the cheating case involving his (Abdul Ghani’s) son.
The offence was allegedly committed at a restaurant in Bandar Maju, Sandakan between 5pm and 5.20pm on January 21, 2017.
Yugeswaran faces offences under Section 17(a) of the Malaysian Anti-Corruption Commission Act 2009.
Yugeswaran is currently released on RM10,000 bail with RM6,000 deposited in one surety.
Prosecuting officer Awang Samsul Baharom Bongsu from of the MACC acted for the prosecution while Yugeswaran was represented by counsel Ram Singh.