PUTRAJAYA, Nov 11 — The Court of Appeal has sentenced the former assistant general manager of a telecommunication company to one year in prison for dishonest misappropriation of the company's property totalling over RM1.5 million.
A three-member bench of the Court of Appeal, led by Datuk Azman Abdullah, who sat with Justices Datuk Azmi Ariffin and Datuk Mohd Radzi Abdul Hamid, meted out the sentence after partly allowing the prosecution’s appeal against a High Court’s decision in acquitting and discharging him of the charge.
In his judgment, Judge Azaman ruled that the prosecution had succeeded in proving that Shamsul Bahri Musa had committed the offence of misappropriation of company property, rather than criminal breach of trust (CBT).
The court set aside the High Court’s earlier decision to acquit and discharge the accused on four counts of criminal breach of trust, substituting it with a conviction under the misappropriation offence.
He sentenced Shamsul to six months in jail for the first charge, eight months for the second, 12 months for the third, and nine months for the fourth, to be served concurrently from today.
This means the 56-year-old will serve one year in prison. The court did not impose whipping on the accused as he is above 50 years old.
Shamsul, then an assistant general manager of financial operations, was found to have misappropriated RM53,124.25 belonging to Telekom Sales & Services San Bhd on December 28, 2007.
He was convicted of the second charge of misappropriating RM254,992.62; the third charge of misappropriating RM1,040,119.38; and the fourth charge of misappropriating RM176,901.25.
The offences were committed at Menara Mutiara Bangsar, in Jalan Liku, Off Jalan Riong, Kuala Lumpur, between January 2007 and September 2010.
The Sessions Court had convicted the accused of CBT and sentenced him to two years in prison. The High Court acquitted and discharged him on all charges in March of last year, prompting the prosecution to appeal.
In today’s proceedings, Shamsul was represented by lawyer Datuk Hasnal Rezua Merican, while Deputy Public Prosecutor Abdul Malik Ayob appeared for the prosecution.
