Kota Kinabalu: A former assistant civil engineer, who appealed against his jail sentence and fine on two counts for abusing his position in awarding a road maintenance project to his sister’s company, failed in his appeal as the High Court had affirmed the lower court decision.
Judge Datuk Celestina Stuel Galid on Tuesday dismissed Herwan Malik’s appeal against his convictions and sentence and affirmed the Sessions Court’s decision, on Wednesday.
Herwan, 40, was convicted on August 29, 2023, and sentenced to 12 months’ jail and fined RM10,000, or three months’ jail in default, on the first count for abusing his position as a committee member by influencing the Kota Marudu District Office to award a road maintenance project along Jalan Pertanian in Kg Sungai Laut to Pemborong Sri Tassha, a company owned by his sister, Rozanah Malik, 32.
The offence took place between 8am and 5pm on Feb 28, 2013 at the Kota Marudu District Office.
On the second count, Herwan was jailed another 12 months plus fines of RM10,000, or three months’ jail for misusing his position to award the road maintenance project in Kg Pendawar, Kota Marudu, 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.
The court also granted Herwan’s application to stay execution pending appeal to the Court of Appeal and the notice of appeal should be filed within 14 days from the decision.
Herwan also was granted bail, which was increased from RM6,000 to RM8,000 pending his appeal.
Deputy Public Prosecutor Haresh Prakash Somiah appeared for the prosecution, while counsel Shahlan Jufri defended Herwan as the appellant.