KUANTAN: The High Court here today upheld a sentence of four years imprisonment and a RM117,000 fine imposed on a former Wildlife and National Parks Department (Perhilitan) officer for submitting false claims six years ago.
Judge Datuk Zainal Azman Ab Aziz made the decision after dismissing an appeal by Abu Zahrim Ismail, 46 – who was found guilty by the Sessions Court last year – against his conviction and sentence.
Zainal Azman said that after reviewing the appeal submission, the court found that the conviction and sentencing by the Sessions Court was safe to uphold.
“The appeal has been rejected, as the accused failed to raise reasonable doubt in the case. There is no merit to reject the conviction and sentence meted out by the Sessions Court.
“The court will uphold the four year jail and RM117,000 fine sentence, and I will not interfere with the earlier sentencing,” he said.
Abu Zahrim was accused of making false claims to authorise the supply of 28 units of 75-litre Deuter bags, and 60 units of 30-litre Dry Pack bags.
The offence was allegedly committed at the Taman Negara Perhilitan Enforcement Office in Jerantut on Nov 28, 2013.
In upholding the sentence meted out by the Sessions Court, Zainal Azman said that the accused had knowledge that the payment was made despite the department never receiving the supplies.
“The payment was made… despite (the department) not receiving the items from the supplier. (The) transaction is questionable. The ordered items should have been received and inspected… (before payment would be made).
“As someone who has been working for a long time, the accused should be aware of the payment process using local order (LO) documents. (His) modus operandi was making the payment despite not receiving the items. And the character “RoslI” mentioned by one of the witnesses never existed,” he said.
The Malaysian Anti-Corruption Commission (MACC), represented by deputy public prosecutor Mohamad Fadhly Mohd Zamri, appeared for the prosecution; while Datuk Hanif Hassan represented Abu Zahrim.
The court, however, rejected a stay of execution over the jail sentence and told Abu Zahrim’s counsel to file a formal application.
The Sessions Court had previously ordered Abu Zahrim to pay the fine after his request to postpone the payment was rejected on the grounds that the case has been going on for quite some time.
Abu Zahrim was charged under Section 18 of the MACC Act 2009, which carries a fine of at least five times the amount of graft involved, and a maximum 20 years’ imprisonment, upon conviction.