By Michael Kaung
KOTA KINABALU: Former Labuan MP Datuk Suhaili Abdul Rahman who pleaded guilty in the Sessions Court here on Tuesday to an amended charge of cheating a bank was fined RM10,000 or in default one month's jail yesterday.
Suhaili,49, a former Labuan Corporation chairman, paid the fine.Speaking to reporters outside court, he said that the sentence was too harsh and he intends to appeal to the High Court.
He said the offence of not disclosing to a bank that he was a bankrupt while acting as a guarantor in a loan and overdraft applications for RM160,000 was too technical and neither the bank nor the public suffered any loss loss.
Judge Duncan Sikodol in sentencing Suhaili after hearing his plea for leniency through his counsel Rakhbir Singh and Deputy Public Prosecutor Fariza Hamzah's reply said: "I take into account the facts that the accused is a first offender and that his guilty plea has saved a lot of court's time.
"I also take into account the fact that the accused has an unblemished record and that he has served his constituents well as a politician."
He said that in accessing the appropriate sentence, a fair balance had to be struck between the interest of the accused and that of the public.
"Any sentence imposed by the court would have to depend on the facts of each case.
"In this case before me, there is no explanation given by the learned counsel why the accused failed to realise that he is a bankrupt when he became a guarantor. This matter could not be taken lightly," the judge said.
He said that the sole purpose of the sentence was to protect the innocent.
"I am therefore of the view that a very lenient sentence such as a binding over would not send the right message to would be offenders. One must be more responsible for their act, more so far someone in the accused's position," Duncan added.
Suhaili admitted to acting as a guarantor for a RM110,000 loan and RM50,000 overdraft applied by Syarikat Saraequity Sdn Bhd to buy an apartment in the second floor of Api-Api Centre here without informing the Malayan Banking Berhad Kota Kinabalu Branch that he was a bankrupt.
The offence was committed at the bank's premises on April 3, 1996.
The former Labuan Umno chief was charged under Section 109 (1) (m) (iii) of the Bankruptcy Act 1967 which provides a jail term of up to two years or a fine or both, upon conviction.
Earlier in mitigation for leniency, Rakhbir told the court that his client was not borrowing money but only acting as a guarantor.
"Datuk Suhaili does not even owe to the bank a single cent. The offence was so technical and in fact he (Suhaili) was a victim of circumstances," he said.
Rakhbir argued that Suhaili was unaware that he was declared a bankrupt when he acted as a guarantor for the company and only realized the fact in 1996.
He told the court that the bankruptcy had since been set aside through a court order and the bank has recognized that Suhaili is not a bankrupt as the latter is still using its facilities.
Rakhbir added that Suhaili had good record in his leadership when he became a MP.
"By pleading guilty, it has saved the court's time of a lengthy trial," Rakhbir said and urged the court to invoke Section 173A of the Criminal Procedure Code by placing Suhaili on a good behaviour bond.
He also applied for Suhaili's conviction not to be recorded.
In rebutting the submissions, Fariza told the court that though Suhaili did not owe (the bank) a single sen, he had nevertheless committed an offence.
"If the accused had disclosed his status, the accused would not have been allowed to become a guarantor. Failure to disclose his status resulted in the approval of the applications," Fariza said.
She said the court should not place Suhaili on a good behaviour bond as there was deliberation on the part of the accused as he was a bankrupt when he was acting as a guarantor for the company.
On Tuesday, Suhaili was acquitted and discharged from charges of making false statement and cheating after being told by Fariza that they were not offering any other evidence in respect of the two charges.
