Kota Kinabalu: Two policemen were each sentenced to six months' jail and fined RM10,000 or six months more behind bars by the Sessions Court here Tuesday for corruptly receiving RM500.Judge Duncan Sikodol meted out the sentence to Corporal Mat Rashed Matasah, 42, and Lance Corporal Esmi Rizal Md Nor, 37, ruling that the court found both guilty of the charge and convicted them.
Both the policemen were however granted a stay of execution of the sentence and fine pending their appeal to the High Court.
Sikodol, in his ruling, said among others that the defence of Rashed and Esmi were mere denials and based on afterthought.
He said the court believed two prosecution witnesses, including the arresting officer, that the money found on Esmi's trouser pocket and the presence of Rashed at the crime scene after a telephone conversation showed his involvement in the crime with Esmi.
Rashed and Esmi were accused of receiving the money from one Mursid Susulan as an incentive not to take action against one Mohd Isa Ghazali, who had no identification document, about 4.45pm on Feb 25, 2007 at the salt fish market here.
The offence, under Section 11(a) of the Anti-Corruption Act 1997, carries a jail term of between 14 days and 20 years, and a fine of five times the amount involved or RM10,000, whichever is higher, on conviction.
Earlier, counsel Arthur Borine and Rakhbir Singh, who represented Rashed and Esmi, respectively applied for a lenient sentence for their clients.
However, Malaysian Anti-Corruption Commission's prosecuting officer Ag Samsul Baharam Bongsu pressed for a deterrent sentence on the grounds that both accused were policemen, who were responsible to uphold the law, and as a warning to would be offenders.
