Fadley Faisal
The High Court yesterday dismissed an appeal against a sentence of a former senior manager of a telco company for graft.
Zulkifli bin Haji Talip claimed trial to the two charges, but was found guilty by the Magistrate’s Court on finding the prosecution’s case against the appellant to be beyond reasonable doubt, resulting to one-year jail sentence.
Trial prosecutor and respondent in the appeal Deputy Public Prosecutor (DPP) Hajah Suriana binti Haji Radin’s allegations were based on the Anti-Corruption Bureau’s (ACB) investigations, which states that the appellant attempted to obtain gratification in the form of a five-per-cent commission from the managing director of another company, as reward for recommending it to be a part of the telco company’s projects – worth BND923,593.60.
Representing the applicant, lawyer Sheikh Noordin bin Sheikh Mohammad contested the sentences handed by the court stating it to be wrong from not giving enough credit to his client for the delay in prosecution and trial.
Chief Justice Dato Seri Paduka Steven Chong dismissed the appeal on agreeing with DPP Hajah Suriana’s responses stating that the delays were contributed by the change of investigators, prosecutors and magistrate after it was ordered for a retrial after a brief suspension of the case.
The chief justice disagreed with the appellant’s submission stating that the delays are exceptional circumstances which justify a probation and community service order.
The chief justice also highlighted the respondent’s contentions to the application that the case was rather aggravated on the facts that the appellant held a senior position which holds a certain degree of trust, the substantial amount involved in the attempt to get gratification as well as the duration and persistence of the appellant in the attempt to get gratification.
With the High Court’s decision to dismiss the appeal, the appellant who was given a stay of execution on his sentence pending the appeal, was immediately committed to serve his sentence yesterday.
