Ex-clerk's CBT conviction and sentence set aside
Published on: Tuesday, May 16, 2017
Kota Kinabalu: A 42-year-old former school clerk, who was jailed a total of 20 years on five counts of criminal breach of trust, succeeded in her appeal against her conviction and sentence on Monday.Court of Appeal Justices Dato' Abdul Rahman Sebli, Datuk Kamardin Hashim and Datuk Harminder Singh Dhaliwal unanimously allowed Helena Baba's appeal after hearing arguments from her counsel and the prosecution as respondent.The court set aside the order of conviction against Helena and the sentence, ruling, among others, that she was charged with offences not related to the law.
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"We find merit in the appeal. The conviction and sentence is set aside and the appellant is acquitted of all charges," held Abdul Rahman.The court also dismissed the prosecution's cross-appeal against Helena's sentence. Helena was on July 15, 2015 found guilty of the offences by the Sessions Court and was sentenced to four years' jail on each count, which was ordered to run concurrently. She allegedly committed the offences between Oct 5 and Oct 28, 2005 at the SRS Datuk Simon Fung in Kingfisher, here, between 8am and 5pm.
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The charges stated that Helena had misused the receipts of the private school amounting to RM1,112, RM336, RM1,120, RM2,984.20 and RM3,287.The offence under Section 408 of the Penal Code carries a jail term of between a year and 14 years and whipping, on conviction.
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Counsel Edward Paul earlier submitted, among others, that the subject matter was not the monies but misappropriating the receipts and that there was no offence in the case under Section 408 of the Penal Code.Stay up-to-date by following Daily Express’s Telegram channel.
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