Acquittal, discharge of former headmaster for corruption quashed

KOTA KINABALU: The High Court here on Tuesday quashed the acquittal and discharge of a former headmaster and convicted him on a charge of submitting false claim for a religious celebration at a primary school in Sandakan nine years ago.

Judicial Commissioner Amelati Parnell set aside the order of discharge and acquittal made by the lower court on Majahil Majingkil on December 14, 2021.

In allowing the prosecution’s appeal against Majahil, the court sentenced the accused to six months behind bars and RM10,000 fine, in default, six months’ imprisonment.

He was ordered to serve the jail sentence from yesterday.

The lower court had freed Majahil, 63, after a full trial as it held that the defence had cast doubt on the prosecution’s case.

The offence was under Section 18 of the Malaysian AntiCorruption Commission Act (MACC) 2009 which provides for a jail term of up to 20 years and a fine of up to five times the amount involved or RM10,000, whichever is higher, upon conviction.

The charge stated that Majahil had submitted the undated paperworks for the said celebration with an intention to deceive an officer and induced the officer by making him believe that the program was held on July 16, 2014 at the school when in fact it did not happen.

The offence took place between July and October 2015 at the State Zakat Centre here. Counsel Datu Baginda Datu Laja, who represented Majahil, prayed for a lower fine to be imposed on his client on the grounds among others, that he is old and retired.

The counsel also submitted that Majahil had no previous conviction and his client is suffering from multiple illnesses.

In reply, the prosecution applied for a deterrent sentence to send a message to the public that the court will not tolerate graft offences.