Criminal Law

Three-Year Jail for Ex-Pahang UMNO Youth Chief for cheating

Date: 03 January 2019; Type: Legal News; Source: Bernama

PUTRAJAYA, Jan 3 (Bernama) - A businessman, and former Pahang UMNO Youth chief, Datuk Mohd Mustafa Mohd Khalid must undergo a three-year jail today after he was found guilty of cheating a managing director of a company of RM1 million over a Scanning System project.

This was after Appeals Court Judge Datuk Wira Mohtarudin Baki, heading a panel of three judges, who maintain the conviction and three-year jail imposed by the Kuala Lumpur Sessions Court on Feb 19, 2016 on Mohd Musyafa.

However, the panel set aside an eight-year jail and RM300,000 fine or one-year jail imposed by the Kuala Lumpur High Court on March 23, 2017.

‘’Our decision is unanimous, we allow a part appeal. We are of the opinion that the appeal on the conviction has no merit. The appeal on the conviction is rejected and the conviction is maintained.

‘’The appeal against the sentence is permitted. The sentence by the High Court Judge is set aside and the Sessions Judge’s sentence is brought back,’’ said Judge Mohtarudin who convened with judges Datuk Rhodzariah Bujang and Datuk Mohamad Zabidin Mohd Diah.

The panel made the decision after hearing the arguments of counsel Datuk Hariharan Tara Singh representing Mohd Mustafa and Deputy Public Prosecutor Hamdan Hamzah.

Mohd Mustafa, 56, appealed against the High Court's decision to raise the three-year jail sentence imposed by the Sessions Court to eight years after dismissing Mohd Mustafa's appeal.

He had to undergo the prison sentence today as this was his last appeal following the case which began in the Sessions Court would end in the Court of Appeal. After the decision, Mohd Mustafa waved his hand and said something to his two family members in court.

On Feb 19, 2016, the Sessions Court sentenced Mohd Mustafa to three-year jail after he was found guilty of deceiving NM Resource Sdn Bhd managing director Datuk Kamaludin Janis.

He duped the victim into believing that the LOI letter from the Ministry of Finance dated July 6, 2009 with the title ‘The Proposal To Supply A Scanning System For One Hundred Percent of Imported Goods For the Royal Malaysian Customs Via Rentals' given by the accused to the victim was genuine.

The man has fraudulently prompted the victim to hand over RM1 million to him for obtaining the letter for the victim, for which the victim would not hand over the money if he was not so deceived.

He was charged under Section 420 of the Penal Code which provided for a jail term of up to 10 years and whipping and may also be fined.

Earlier, Hariharan argued that the High Court Judge was mistaken in raising the sentence based on the evidence of three prosecution witnesses including Kamaludin.

He said the court should examine the evidence of the three as they also had links in the case.

Hamdan argued that the sentence imposed by the High Court corresponded with Mohd Mustafa's offence as he had cheated Kamaludin, who was the seventh prosecution witness, into believing that the LOI letter was from the Finance Ministry, resulting in the victim handing over RM1 million to Mohd Mustafa.

He also said during the trial, the court was told that Kamaludin had appointed a consultant, namely, Amrul Nizar Anuar, the 21st prosecution witness, to find any political party that could award the contract for the RM12 million scanner system.

He said the 21st witness told the court that the accused was the former Pahang UMNO Youth chief who had a position in UMNO and had close contact with Datuk Seri Najib Tun Razak who was then the Deputy Prime Minister and Finance Minister.

MY Bernama

Asean LIP works with Bernama to bring you the latest Malaysian legal news. Bernama is the national news agency of Malaysia. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or Bernama. Neither the Publishers nor Bernama will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and Bernama also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

Malanjum keeping Mum about his Successor

KUALA LUMPUR, Mar 20 (Bernama) - Chief Justice Tan Sri Richard Malanjum, who is due for compulsory retirement in April only smiled broadly and chose to remain secretive when asked about his successor.

Read More

INDUSTRY UPDATES

MP Noh Omar expelled from Dewan Rakyat for Three Days

KUALA LUMPUR, Mar 19 (Bernama) - Tanjung Karang MP Tan Sri Noh Omar has been expelled from the Dewan Rakyat for three days from today.

Read More

INDUSTRY UPDATES

Selangor wants tougher Environmental Laws

SHAH ALAM, Mar 17 (Bernama) - The Selangor government wants to enforce more stringent laws to address issues related to environmental pollution in the state, said Menteri Besar Amirudin Shari.

Read More

INDUSTRY UPDATES

Rosmah's Graft Case transferred to High Court

KUALA LUMPUR, Mar 15 (Bernama) - The High Court here today allowed the prosecution's application to transfer from the Sessions Court to the High Court the case involving two graft charges filed against Datin Seri Rosmah Mansor, who is the wife of former Prime Minister Datuk Seri Najib Tun Razak.

Read More

INDUSTRY UPDATES

SC to facilitate Greater Investor Inclusiveness

KUALA LUMPUR, March 14 (Bernama) - Opening local corporate bonds and sukuk to retail investors who meet the requirements set are among the steps taken by the Securities Commission Malaysia (SC) to promote investors inclusiveness in the local market.

Read More

INDUSTRY UPDATES

SC aims Further Expansion of Islamic Capital Market, says Chairman

KUALA LUMPUR, March 14 (Bernama) - The Securities Commission (SC), the regulatory body of the capital market, aim to foster growth that is premised on long-term value creation by intensifying efforts to further expand the Islamic capital market as well as the closely-linked sustainable finance segment.

Read More

INDUSTRY UPDATES

CJ seeks to remove Parts of Hamid Sultan's Affidavit

KUALA LUMPUR, Mar 13 (Bernama) - Chief Justice Tan Sri Richard Malanjum today filed an application to remove parts of the supporting affidavit filed Court of Appeal Judge Datuk Dr Hamid Sultan Abu Backer in the lawsuit by the late Karpal Singh’s daughter, claiming that it was outrageous, insulting and an attack to the Judiciary.

Read More

INDUSTRY UPDATES

Up to PM to shortlist Candidates for CJ's Post - Liew

KUALA LUMPUR, Mar 12 (Bernama) - The Law Minister in the Prime Minister’s Department Datuk Liew Vui Keong today said that he has no information about the candidates shortlisted to be appointed as the new Chief Justice to replace Tan Sri Richard Malanjum who will retire from the post next month.

Read More

INDUSTRY UPDATES

Sabah helps Children without Documents through Legalization Program

KOTA KINABALU, Mar 12 (Bernama) - Children born in Sabah and categorised as foreigners even though one of their parents were local residents, will be given aid through a legalisation programme which will ensure a better future for them.

Read More

INDUSTRY UPDATES

National Income Tax still Competitive

KUALA LUMPUR, March 11(Bernama) - The income tax in this country is still competitive compared to other nations.

Read More

INDUSTRY UPDATES

Najib seeks Court Directive on gag Order against Media, Public

PUTRAJAYA, Mar 11 (Bernama) - Datuk Seri Najib Tun Razak wants a court directive to inform members of the public and media on what can and cannot be discussed and published pertaining to his criminal case involving SRC International Sdn Bhd funds, the Court of Appeal heard.

Read More

INDUSTRY UPDATES

King's Inaugural Speech at First Meeting of Second Term of 14th Parliament draws Attention

KUALA LUMPUR, Mar 11 (Bernama) - The first meeting of the second term of Parliament begins today which will be aired live via television and live stream.

Read More

INDUSTRY UPDATES

Dewan Rakyat : Proposal to restore Sabah, Sarawak's Status to be Main Focus

KUALA LUMPUR, Mar 9 (Bernama) - The proposal to restore the original status of Sabah and Sarawak as enshrined in the Malaysia Agreement 1963 (MA63) is expected to be the focus of the first meeting of the second session of the 14th Parliament which opens Monday.

Read More

INDUSTRY UPDATES

Appeals Court to wait for Federal Court Decision to hear Puncak Niaga's Appeal

PUTRAJAYA, Mar 8 (Bernama) - The Court of Appeal today postponed hearing of an appeal by Puncak Niaga Holdings Bhd to reinstate its RM13.5 billion lawsuit against two former Selangor menteris besar and the Selangor government over the restructuring of the state water industry.

Read More

INDUSTRY UPDATES

Nik Azman Nik Abdul Majid New Auditor-General

PUTRAJAYA, Mar 8 (Bernama) - Datuk Nik Azman Nik Abdul Majid, the Economic Affairs Ministry secretary-general, is the new auditor-general.

Read More