After the story of the acquital of Malaysian former chief spy charged with criminal breach of trust involving RM50.4 million (S$16.3 million) belonging to the government., I looked back at the media reports, and discovered disturbing facts, which raises the question why prosecution stopped the case? Was it because the evidence obtained in this was 'destroyed' or dissipated when it was in possession of the law enforcement.
Malaysian Anti-Corruption Commission (MACC) senior
officer Shahrum Nizam Baharuddin on Friday pleaded guilty at the
Sessions Court under Section 403 of the Penal Code for misappropriating
and disposing of valuable properties worth US$6.94 million (about
RM29.01 million).
Well, what happened one(maybe more) seemed to have 'stolen' monies kept in the evidence locker - and guess what they replaced in with counterfeit notes... Shocking, is it not.
The accused then printed and returned the counterfeit
money to the Prime Minister's Department where Rostam's office was
located.
Did they also cause to remove other evidence? Was this done purely for personal benefit, or was it on instruction/orders of others?
Must we now look at preservation of evidence obtained? What these officers of MACC did may have hampered prosecution of the case, which may have found the former chief spy guilty ....should they have been given a higher sentence as it affected the case...
Following Friday's guilty plea, Shahrum Nizam was sentenced to three
years' jail and two strokes of the rotan. The jail sentence is to run
from his day of arrest on Sept 13 last year.
I think 3 years imprisonment was just too lenient - it was an offence of tampering with evidence that affected a RM50.4 million case of the Malaysian peoples' monies.
Has he been terminated from employment - has his pension rights been annulled. Is Malaysia still going to continue paying this 'thief' monthly pensions until he dies, and thereafter to his spouse until her death? Being a senior officer, his salary may be high and his pensions will be high..
The actions of such a MACC Senior Officer has not only tarnished the image of MACC, but also all public officers in Malaysia, and Malaysia itself >>> seriously a higher deterrent penalty would have been just, and an immediate termination and cancellation of pension.
Did we even recover all the monies - or does he still have millions hidden away for him to enjoy after release...
Will he serve the 3 years, or will he be released soon on parole...
It is interesting that this case again received attention when a media highlighted it...
What happened to the other 2 suspects arrested?
See earlier post:-
High Court’s Acquittal of former spy chief, overturning the DNAA ordered by another High Court undermines Justice and raises questions - MACC was still gathering evidence, but now cannot re-charge because of the Acquittal (MADPET)
MACC senior officer pleads guilty to misappropriating, disposing cash from ex-spy chief case
KUALA LUMPUR (Feb 18): Malaysian Anti-Corruption Commission (MACC) senior officer Shahrum Nizam Baharuddin on Friday pleaded guilty at the Sessions Court under Section 403 of the Penal Code for misappropriating and disposing of valuable properties worth US$6.94 million (about RM29.01 million).
Shahrum Nizam, 41, was given the alternative charge on Friday after he was initially charged and claimed trial to a charge of criminal breach of trust under Section 409 of the Penal Code.
A total of three vehicles comprising a 4x4 Ford Raptor 2.0, Honda Civic Type R 2.4L Turbo, Mercedes Benz A250, as well as a Ducati 1299 Panigale R Final Edition and a Ducati 1199 Superleggera bikes had been seized from the accused.
Besides that, other properties that were seized included a two-and-a-half-storey house in Kota Warisan, Sepang, two pieces of land in Jerantut, Pahang, as well as a blue Hublot Big Bang 1371256 watch and cash amounting to RM8,700.
The money was initially seized by the MACC from ex-spy chief Datuk Hasanah Abdul Hamid in 2018.
According to the facts of the case read in court, the accused had spent a total of RM2.71 million for the purpose of ownership of the assets from the period of Dec 17, 2018 to date based on the result of the investigation held.
Shahrum Nizam had taken the money on two occasions on the pretext of checking the amount and its authenticity but later changed them with a money changer in Kota Damansara.
In addition, the cash of RM8,700 was part of the loot amounting to US$6.94 million which was converted by the accused into ringgit while other assets were fraudulently purchased by the accused using the money entrusted to him.
The money was discovered missing when Hasanah's successor, Datuk Rostam Affendi Salleh, wanted to retrieve it, but Shahrum Nizam failed to return it. The accused then printed and returned the counterfeit money to the Prime Minister's Department where Rostam's office was located.
However, upon discovery, a complaint was lodged with MACC chief commissioner Tan Sri Azam Baki, resulting in Shahrum Nizam's arrest.
Following Friday's guilty plea, Shahrum Nizam was sentenced to three years' jail and two strokes of the rotan. The jail sentence is to run from his day of arrest on Sept 13 last year.
Sessions Judge Suzana Hussin also ordered that properties that had been seized to be forfeited to the government of Malaysia through the MACC under Section 40 of the MACC Act.
"[In addition,] US$4.07 million in cash and RM1.6 million in cash seized by the MACC to be forfeited to the government of Malaysia through the MACC under Section 40 of the MACC Act," she said.
Ahmad Hafiz A Bakar, representing Shahrum Nizam in his mitigation, sought a lighter sentence and said that he had two kids aged 12 and 10, besides serving the MACC since 2005 and had been diagnosed with nose cancer.
"This is the accused's first offence and has never been convicted of any crime beforehand. The accused has also admitted that following the case, it has brought darkness upon his life and family.
"The accused expressed his apology and promised not to repeat the offence again as well as seeking the court for a minimal sentencing so that he can restart his life again after going through the sentences," Ahmad Hafiz said.
Deputy Public Prosecutor Ahmad Akram Gharib, who sought for a heavy
sentencing, informed the court to consider that the trial had the factor
of public interest against personal interest, as well as the
seriousness and value involved in the case after it was done by a civil
servant, besides affecting the image of the MACC itself. - Edge Market, 18/2/2022
Three Malaysian graft busters detained for allegedly stealing funds in case involving former spy chief
KUALA LUMPUR - Three Malaysian Anti-Corruption Commission (MACC) officers have been arrested for allegedly misappropriating funds connected to a case involving the country's former spymaster, further tarnishing the image of the agency.
The officers, who were detained last week, had allegedly stolen a portion of US$6 million (S$8.1 million) seized from the former director-general of the Malaysian External Intelligence Organisation (MEIO), Datuk Hasanah Abdul Hamid. Some of the stolen cash was replaced with counterfeit currency.
The former spy chief was charged in 2018 with criminal breach of trust involving RM50.4 million (S$16.3 million) belonging to the government.
But in April, she was granted a discharge not amounting to an acquittal in the High Court. This means that she can be hauled up to court again if fresh evidence arises.
During investigations into her case, the MACC had seized cash and other belongings from her.
A source told The Straits Times that the three suspects were part of a "special team" assigned to probe into the allegations of power abuse and malpractice involving the former MEIO chief.
"They belong to a very 'exclusive' team. It's a known fact among the agency's investigating officers that they have a close relationship with the chief," the source said, referring to MACC chief Azam Baki.
The arrest of the anti-graft busters came to light after a blog called Edisi Siasat posted an entry revealing the details on Sept 18.
It claimed that Madam Hasanah had gone to retrieve the money, only to discover that a portion had been replaced with fake notes, prompting her to file a police report.
But Malaysia's Criminal Investigation Department chief Abd Jalil Hassan on Monday (Sept 20) said in a statement that he had yet to receive any police report regarding the alleged abuse of power and misappropriation of funds.
All three suspects were said to have been remanded by the commission for six days from Sept 14, according to the blog, which questioned why their case was being treated as an internal investigation instead of a police case.
Responding to the blog's revelations, the commission confirmed that it has arrested three of its officers to assist in investigations into allegations of abuse of power and malpractice in the case of a former department head.
"The three officers were brought before the Putrajaya Magistrate's Court and remanded under Section 117 of the Criminal Procedure Code for six days from Sept 14 to Sept 19, 2021," it said in a statement.
It added that a thorough investigation is under way.
"MACC would like to emphasise that the commission will not compromise or protect any of its officers involved in any criminal act and will take appropriate action if the act is true," the MACC said.
This is not the first time that the MACC has found itself embroiled in a scandal involving its own.
On June 15, an MACC officer was charged with allegedly conspiring with another man to receive RM100,000 in cash to shield an individual from being investigated under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
In April, two MACC officials were among 12 enforcement officers nabbed by the Malaysian police for their alleged links with Malaysian fugitive businessman Nicky Liow Soon Hee.
Liow, 33, who is wanted for alleged money laundering and organised crime activities, is said to have ties to convicted Hong Kong triad boss Wan Kuok-Koi, also known as Broken Tooth. - The Straits Times, 20/9/2021
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