Abuse of position: February 15 decision on ex-civil servant

14 Dec 2022 • 1:17 PM MYT
Daily Express
Daily Express

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Kota Kinabalu: A 37-year-old former assistant of civil engineer will know on Feb 15, 2023 whether he has to answer on two counts of abusing his position to choose his sister’s company for road maintenance projects worth RM249,990.

Sessions Court Judge Abu Bakar Manat set the date for Herwan Malik when the prosecution closed its case after calling 13 witnesses in the hearing.

The court also fixed Jan 20, 2023 for both parties to file submissions and reply if any on Feb 3, 2023.

On the first count, Herwan, as the committee member in making a decision on Kota Marudu District Office quotation, is accused of misusing his position to select Pemborong Sri Tassha which belonged to his sister Rozanah Malik, 32, to carry out the road maintenance project along Jalan Pertanian in Kg Sungai Laut, Kota Marudu worth RM100,000.

The offence allegedly took place between 8am and 5pm on Feb 28, 2013 at the Kota Marudu District Office.

On the second count, he allegedly misused his position to give the road maintenance project in Kg Pendawar, Kota Marudu worth RM149,990 to the same company at the same place at 3pm on April 30, 2014.

The offence under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is punishable under

Section 24 of the same Act which provides for a jail term of up to 20 years, and a fine of not less than five times the amount

involved or RM10,000, whichever is higher.

Deputy Public Prosecutor Haresh Prakash Somiah conducted the prosecution while counsel Shahlan Jufri represented Herwan who is on bail.

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