Kota Kinabalu: The High Court here overturned the acquittal of a former headmaster from a charge of making false claim to the State Zakat Centre.
Judicial Commissioner Amelati Parnell on Tuesday allowed the prosecution’s appeal against the acquittal of Majahil Majingkil, 63, and set aside the order for acquittal and discharge and found him guilty to the charge instead.
The court sentenced Majahil to six months’ jail and fined him RM10,000 or six months’ jail.
Majahil was ordered to serve the imprisonment sentence from Tuesday.
On Dec 14, 2021, Majahil was freed by the Sessions Court here from a charge of making false claim to the State Zakat Centre but was convicted of accepting valuables, a cheque amounting to RM1,000 without consideration.
The Sessions Court ordered Majahil to pay RM3,000 or a month’s jail after he was convicted under Section 165 of the Penal Code, which has to do with public servants obtaining any items of value, without consideration, from person(s) in any proceeding or business transacted by such public servants.
Under the Section, the punishment is a jail term of up to two years or fine, or both, on conviction.
Majahil was found guilty of receiving the cheque from the State Zakat Centre between July and October 2015 at SK Buang Sayang, Kinabatangan, Sandakan.
The Sessions Court Judge made the decision after a full trial of the original charge, where he was given the DNA, in which Majahil was accused of submitting the false document over Israk Mikraj programme at the same place and time.
The charge stated that Majahil allegedly submitted undated paperwork of Israk Mikraj programme celebration with the intention of deceiving the officer to make him believe that the programme was conducted on July 16, 2014 at the school in Kinabatangan when it was actually never held.
The offence, under Section 18 of the Malaysian Anti-Corruption Commission (MACC) 2009 and punishable under Section 24(2) of the same Act, carries a jail term of up to 20 years and fine of five times the amount involved or RM10,000, whichever is higher, on conviction.
Earlier, counsel Datu Baginda Datu Laja requested a lower fine on the grounds among others, that he is old and retired, has no previous conviction record and suffered multiple illnesses.
The prosecution as appellant applied a deterrent sentence as a message to the public that the court would not tolerate graft offences.
