Conviction of ex-Sime Darby GM on graft charges upheld
The former senior general manager’s jail sentence was reduced from 27 years to 10 years after judge orders the sentences for five charges to run concurrently.
KUALA LUMPUR: The High Court here today upheld the conviction of former Sime Darby Engineering Sdn Bhd Senior General Manager Md Zaki Othman on five charges of corruption amounting to more than RM180,000.
However, Judicial Commissioner Ab Karim Ab Rahman reduced the jail term from 27 years to 10 years for Md Zaki, 54, and allowed the accused to appeal for a stay of execution while awaiting an appeal at the Court of Appeal.
The court sentenced him to two years’ imprisonment for each charge and he would only have to serve two years as the sentence runs concurrently from today.
Ab Karim made the decision after finding no defect in the judgement by the Session’s Court on April 12, 2012 and as such, the court found no reason to interfere in the decision of the Session’s Court.
“The jail sentence was appropriate with corruption cases but it was too long and not suitable as the prosecution is the same even though the dates were different,” he said when turning down Md Zaki’s appeal against his conviction on five charges of corruption.
On April 12, 2012, the Session’s Court sentenced Md Zaki to four years jail and fined him RM168,000 or 18 months imprisonment for the first charge and for the second charge, five years’ jail and a fine of RM108,000 or 20 months in prison.
For the third charge, he was sentenced to five years’ jail and fined RM153,000 or 20 months imprisonment, the fourth charge six years imprisonment and a fine of RM164,900 or 24 months jail and for the fifth charge, seven years’ jail and a fine of RM300,000 or 30 months jail.
He was required to serve 27 years in jail and pay RM894,400 in fines after the court ordered all sentences to run separately.
According to the first charge, Md Zaki was accused of receiving RM33,600 as payment for a furniture set from a contractor, Abdul Salam Ahmad, at his house in Jalan Austin Perdana 2/11, Taman Austin Perdana here at 10am on Dec 14, 2007 as an inducement to help Abdul Salam obtain a Letter of Intent for a project.
For the second charge, the father of four was accused of receiving a Rolex watch valued at RM21,700, also from Abdul Salam, at the same address at 9pm on March 10, 2009 as payment to help approve and expedite progress payment claims for the contractor.
For the third charge, Md Zaki was charged with asking for gratification in the form of an IWC watch priced at RM32,980 from Abdul Salam at Hour Glass Sdn Bhd in Lot 10, Jalan Sultan Ismail here between 1.30pm and 4.30pm on March 13 to 15, 2009.
For the fourth charge, Md Zaki was charged with accepting a bribe of a Hublot watch valued at RM60,000 from the same person at 10am between May 13 to 15, 2009 as payment to approve and expedite progress payment claims of a contract.
For the final charge, Md Zaki was charged with asking for a bribe of RM33,600 from Abdul Salam to pay for a set of furniture at Europe Asia Furniture Expo Sdn Bhd, Jalan Universiti, Petaling Jaya, near here on Nov 28, 2007.
The charges were made under the Malaysian Anti-Corruption Commission Act 2009 and the Malaysia Anti-Corruption Act 1997. Md Zaki was represented by counsel Harvinderjit Singh while the prosecution was led by deputy public prosecutor Kamal Bahrain Omar.
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– BERNAMA