Published on: Tuesday, January 22, 2013
Sarawak-based Judge Nixon Kennedy Kumbong found Jinny Daniul guilty after going through all the evidence produced before him.
The scandal was uncovered following a Daily Express investigation into the abuse last January and it was initially denied by court officials.
"I am satisfied that Jinny failed to cast any reasonable doubt on the prosecution's case on all the charges. I am satisfied that the prosecution has proved its case beyond all reasonable doubt in the circumstances.
"Since there were three principal charges and three alternative charges, I find the accused guilty on the first, second and third principal charges only and I convict her," said Kumbong.
He ordered Jinny to serve two years' jail from Monday and fined her RM10,000 or six months' jail on the first count of corruptly receiving RM50 from one Maslina Abd Sali as a reward for her to process a late registration of birth application in relation to a Certified Extraction - Birth Certificate registered under the name of Sitti Aini without going through a hearing before a magistrate here.
The offence allegedly took place between November and December 17, 2010 at the Kota Kinabalu Court here.
Jinny was jailed two years and six months and fined RM10,000 or six months behind bars, respectively on the second and third count, for receiving RM200 from one Hon Sun Wan, namely RM100 each, to obtain a stamp and court verification for two late birth registrations on the Certified Extraction - Birth Certificates registered under the name of Jennifer Hon and Hon Yi Mei, respectively on June 15, 2010 at the court here.
Each count under Section 16(a)(B) of the Malaysian Anti-Corruption Commission Act 2009 and punishable under Section 24 of the same Act, carries a jail term of up to 20 years and a fine of five times the amount involved or RM10,000 whichever is higher on conviction.
Kumbong ordered the imprisonment sentence to run consecutively.
In meting out the sentence, Kumbong held the fact that Jinny received the money clearly showed that she was not fit and qualified for such profession.
"As the clerk of KK court, like all other occupations, the accused is entrusted with responsibility to perform her duty honorably, more so in her position É the public look upon the court for justice to seek remedy, fairly.
"The accused must perform her duty to her utmost honour and care.
However, when she committed these offences, she not only tarnished the court's image but caused the public to lose faith and confidence in the court, " he said.
Kumbong also said Jinny's irresponsible and heinous act in the present case brought disgrace to the face of the court and that the case garnered much public and media interest.
"Due to the accused's illegal conduct, the whole court is said by the public as being corrupt.
"The recent establishment of the Royal Commission of Inquiry by the government was set to look into the mother of all problems in Sabah, i.e. the presence of alarming numbers of foreigners, legal and illegal, and those having MyKads.
"Such establishment clearly showed that the government fully took the effort in curbing illegal matters. We do not want such effort to go to waste where illegals can be here due to the accused's act of committing such offences. The accused must be punished with a deterrent sentence," held Kumbong.
Earlier, during mitigation, counsel Bobby Tan, who represented Jinny in the defence stage, told the court he believed Jinny was innocent, so he did not know how to mitigate, adding they will be appealing against the court's decision.
However, Jinny requested for leniency saying she is now a single mother raising two children and that she worried about them.
Malaysian Anti-Corruption Commission (MACC) Deputy Public Prosecutor Joyce Blasius pressed for a deterrent sentence to be imposed on Jinny on the grounds that as a court staff who was given responsibility and trust to help the State in processing the birth certificates, she had misused the system for her own benefit.
Jinny should have thought of her family first before committing the offences, she said.
Jinny was charged on April 26, 2012 and was called to enter her defence on Dec 18 last year.
She was found guilty after 17 prosecution and five defence witnesses testified.
Her three alternative charges were forging Magistrate Cindy Mc Juce Balitus' signature on the Certified Extraction - Birth Certificate registered under the name of Sitti Aini, Jennifer Hon and Hon Yi Mei, respectively.