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Judicial CP - July 1998

Corpun file 2713


New Straits Times, Kuala Lumpur, 4 July 1998

Former bank clerk gets 30 months' jail for cheating

By R. Sittamparam

Khairul Annuar Ismail

JOHOR BARU, Fri. - A former bank clerk was sentenced to 30 months' jail by the magistrate's court on three counts of cheating Permodalan Nasional Bhd of a total of RM509,146.

Magistrate Jumirah Marjuki ordered Khairul Annuar Ismail, 25, to serve 30 months' jail on each charge, with the sentences to run concurrently from the date he was charged on Dec 5, last year.

Khairul Annuar, had been responsible for processing Amanah Saham Nasional and Amanah Saham Bumiputra shares at the Taman Sentosa branch of the Kwong Yik Bank, which is a PNB agent.

He was also ordered to receive two strokes of the rotan - one each for the first and second charges and two for the third charge.

On the first count, he admitted cheating PNB of RM183,550, on the second, a sum of RM125,952 and on the third, a sum of RM199,644.

He admitted crediting the money into his own ASN account between 26 February 1996 and 2 July 1996.

Magistrate Jumirah Marjuki said, in passing sentence, she took into account five other charges of cheating PNB, which has been fixed for hearing in another magistrate's court on July 25.

Earlier, State Deputy Public Prosecutor Teo Say Eng, in presenting the facts, said investigations were initiated after the financial division of PNB queried the Kwong Yik Bank about arrears in the ASN and ASB accounts handled by the bank.

He said investigations revealed that Khairul Annuar, who had worked in the bank from March 3, 1994 to August 17, 1996, had handled the accounts.

Teo said Khairul Annuar, who was given an access code to handle ASN and ASB transactions of up to RM10,000, had stolen an assistant manager's access code which allowed him to handle bigger sums.

Using the access code, he made three ASN share purchases totalling RM183,550 via a computer terminal from April 3, 1994 onwards.

He had recorded the purchases as if they had been paid for by cheques in the bank's account. These were, however, not entered in the payable bank account book.

Khairul Annuar subsequently made two other purchases of RM125,952 between 9 May 1996 and 17 May 1996, and a third purchase totalling RM199,644 between 21 May 1996 and 18 June 1996.

He then took out the money from his ASN account through other PNB agents to avoid suspicion.

Investigations by police produced fixed deposit certificates under Khairul Annuar's name for a sum of RM380,000.

Khairul Annuar's counsel, R.K. Menon, pleading for leniency, said his client was a first time offender and had always been an obedient and responsible son according to his parents.

He said Khairul Annuar's parents had attested that their eldest son's conduct of behaviour leading to the crime as a direct result of a romantic liaison with a girl.

"As the girl's parents were aspiring to get a wealthy son-in-law, they had sneered at Khairul Annuar's low income.

"The act of total foolishness by this young man in committing the crime was aimed at projecting a status of wealth to impress his future in-laws."

Menon said his client had spent a lot of money on the girl and her family, including buying her a car.

He said his client was remorseful and regretted his action.

Corpun file 2656


Borneo Bulletin, Brunei, 7 July 1998

10 years jail, rotan for two who raped factory worker

Suffian (L) and Safri being led out of the courtroom after being sentenced to 10 years in jail. NST

KUCHING - Two government servants, whom the court said had taken advantage of their victim's friendliness, were jailed 10 years and ordered to be given one stroke of the rotan each after they were found guilty of raping a factory worker last year.

Sessions Court judge Yew Jen Kie refused an application for a stay of execution on the jail sentence.

However, he allowed them to be spared the rotan pending their appeal to the High Court against their conviction and sentence.

Agriculture assistant Safri Koboy, 23, and pond assistant Suffian Tambek, 31, both attached to the Research Centre of the Agriculture Department, 16km from here, were charged with committing the offence at the government quarters in Jalan Semengok.

The offence took place between 9pm and 10pm on Aug3, 1997.

Before passing sentence, Yew said public interest weighed heavily against the accused since rape cases were increasing in Kuching.

"Rape is an awful offence as not only is the victim traumatised but she has to bear the social stigma that goes with it," she said, adding that in may instances the victims committed suicide.

"In this case, the victim was not alert enough. There is no doubt she was friendly and the accused took advantage of her," she said, adding that the accused had a pre-planned arrangement to lure her into the quarters. - (NST)

Copyright 1998 Brunei Press Sdn Bhd. All rights reserved.

Corpun file 2704


Daily Express, Sabah, 21 July 1998

Filipino having bags of ganga jailed

SANDAKAN: A 30-year-old Filipino was jailed six years plus 10 strokes of the rotan by the Sessions Court Monday for having a total of 102.4gm cannabis.

Padin Jabir pleaded guilty before Judge Sangau Gunting to having two black plastic bags containing the drug inside an unnumbered house in Bandar Ramai-Ramai here at 4.30pm on Dec 13, 1996.

The judge also ordered the sentence against Padin to be effective from date of arrest.

Prosecuting Officer Chief Insp PY Choo told the court that Padin was arrested following the recovery of two black plastic bags containing vegetation matter, one of which was hung at the back of his room door while the other bag on a room table.

Choo said a Chemistry Dept report confirmed the vegetation matter inside both bags to be cannabis and each weighed at 57.5gm and 44.9gm.

Padin told the police that a friend of Padin, one Gadapi had requested to put the drug inside the house. However, Padin was arrested before Gadapi come back to claim the drug.

Padin was charged under Section 39A(2)(f) of the Dangerous Drug Act 1952 which carries a mandatory jail sentence of up to 20 years, or whipping or both upon conviction.

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