Kota Kinabalu: A 38-year-old former assistant civil engineer was jailed two years and fined RM20,000 for two counts of abusing his position to choose his sister’s company for a road maintenance project.
Sessions Court Judge Jason Juga handed the sentence on Herwan Malik after ruling that the prosecution had proven its case beyond reasonable doubt against Herwan on Tuesday. On the first count, Herwan was sentenced to 12 months’ jail and fined RM10,000 in default three months’ jail for misusing his position as the committee member in making a decision on Kota Marudu District Office quotation 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.
The offence took place between 8am and 5pm on Feb 28, 2013 at the Kota Marudu District Office.
SPONSORED CONTENT Daily Express members: Enjoy 1 for 1 signature cocktails and more at Hyatt Centric Kota Kinabalu Kota Kinabalu: DAILY EXPRESS is partnering with Hyatt Centric Kota Kinabalu to offer an exclusive deal for our members. Read more On the second count, he was jailed another 12 months plus fine 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 ordered Herwan to serve the jail sentence concurrently.
However, the court granted Herwan’s application to stay execution pending the appeal against the decision at the High Court.
Thirteen prosecution and only one defence witness had testified in the hearing.
Deputy Public Prosecutor Haresh Prakash Somiah conducted the prosecution while counsel Shahlan Jufri represented Herwan who was released on bail pending the appeal.
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