The High Court on Saturday dismissed an appeal made by a cheating offender, seeing no merits and finding the offence committed aggravated.
Mohamad Azri Al Azhar bin Edham Khalid was found guilty after a trial on 12 charges of cheating and three charges of money laundering, which were committed all while he was a police constable.
Chief Justice Dato Seri Paduka Steven Chong said; “There is no room for such disgraceful criminal conduct by a police officer entrusted to prevent crime.”
Deputy Public Prosecutor Dayangku Didi-Nuraza binti Pengiran Latiff revealed that the appellant committed the offences within April and June 2018 while he was a police constable.
He used the social media site Facebook to convince three victims to part with their money, ranging from BND100 to BND10,000, totalling to BND30,700 to invest in fictitious schemes including ‘Diamond Weekly Investment’ with the promise of extraordinary returns of up to BND6,000 per week for every investment of BND10,000.
The Chief Justice noted an exception where one of the victims received a BND1,600 “profit”.
The appellant would make up excuses for non-payments when the victims asked for their money.
He then made three transactions in June 2018 where he banked in a total of BND15,600 into his wife’s bank account.
Complaints were made to the police whose investigations in turn led to his arrest.
The appellant reasoned his appeal with his family hardship from his incarceration.
This has no merit at all, the Chief Justice thought.
For the offences, the Chief Justice underlined that the appellant had claimed trial and that him being a policeman where public trust and confidence is usually expected of them, can be corroded if the criminal acts of its officers are left unchecked.
“Deterrence must be the dominant consideration in sentencing and severe sentences imposed in the public interest,” the Chief Justice concluded on upholding the Lower Court’s sentence of six years’ imprisonment handed to the appellant.
The Chief Justice also upheld the order for the appellant to compensate the three victims a total of BND29,100, or serve two months and two weeks’ jail in default of payment.
The Chief Justice highlighted that the case serves as “another useful reminder of the adage that if something sounds too good to be true, it probably is”. – Fadley Faisal
