Fadley Faisal
The High Court yesterday heard the application of an offender who had misappropriated over BND50,000 from her employing school from fees paid by parents of students.
Chief Justice Dato Seri Paduka Steven Chong allowed the application made by Mary anak Aluson represented by counsel Wafa Mohamad of Ridzlan and Co. Mary had pleaded guilty in the Magistrate’s Court on August 23, 2022 to a charge of committing criminal breach of trust and was ordered to settle a fine of BND5,000, or serve five months’ jail in default of payment.
She was also ordered to compensate her former employing school to the tune of BND51,443 within six months of the sentence handed, or face an additional six weeks’ jail in default of compensation.
Mary had misappropriated BND53,881.59 of school fees collected from parents of students at her employing school between October 2011 and April 2012. She had made restitution of BND2,210.
Lawyer Wafa at the appeal raised the issue of the sentencing Magistrate having erred in principle on ordering the compensation without first examining her means. Deputy Public Prosecutor Pengiran Hajah Nor Azmeena binti Pengiran Haji Mohiddin conceded with the application in the absence of assessment of the appellant’s means before making the compensation order.
The Chief Justice cited a case law which states “a compensation order does not form part of a sentence nor is it an alternative to a sentence and it should not be used as a further punishment of a convicted person”.
The case law further states that “the order for compensation must not be oppressive but must be realistic and the court must be satisfied the convicted either has the means available, or will have the means, to pay the compensation within a reasonable time”.
Lawyer Wafa proposed that her client be allowed to pay a compensation of BND20,443 by monthly instalments of BND1,500 starting the end of April.
The Chief Justice heard that Mary is unemployed but her son who works as a rigger, earning a daily wage of BND100, will provide her with the money to make the payment.
The proposal was also considered reasonable by the respondent.
Chief Justice Dato Seri Paduka Chong then quashed the order earlier and substituted it with the appellant’s proposal and in default to any one instalment, she is to serve six weeks’ jail.
