Umno MP, aide jailed 6 years, fined RM400,000 each

The Shah Alam sessions court today sentenced Umno’s Sabak Bernam parliamentarian Abdul Rahman Bakri to six years’ jail and RM400,000 in fines for graft.

Judge Azhaniz Teh Azman Teh, who yesterday found Abdul Rahman (left) guilty on eight counts of making false claims amounting to RM80,000, fined him RM50,000 or a year's jail for each charge.

The six-year prison sentence is to be served concurrently while the fines, if not paid, would result in another eight years’ jail.

The MP’s assistant, Mohd Rusli Busro, was found guilty of abetting Abdul Rahman and sentenced to a similar jail term and fines.
Judge Azhaniz pronounced the sentence after listening to the mitigating plea from lawyer Kamarul Hisham Kamaruddin who represented both the defendants.

Kamarul Hisham had asked for a lighter sentence for his clients as allowed under Section 294 of the Criminal Procedure Code, arguing that the offences committed by Abdul Rahman and Mohd Rusli were more procedural in nature and due to inaccuracies in their claims than any real swindling of public funds.

Cannot afford to pay the fines

But the prosecution's Razak Musa maintained that the defendants must bear the full brunt of the law as their use of forged receipts in their claims, and depositing the claimed funds in excess of actual spending into private accounts showed wrongful gains and intent to swindle public funds.

He maintained that a heavy punishment was necessary as a lesson to the defendants and prevention by example to others.

The judge, however, suspended both their jail terms and fines pending their appeal after an application by the defence citing the legal principle that jail time cannot be compensated in case their appeal overturned the conviction and sentencing.

Kamarul Hisham argued that they also could not afford to pay the fines and as such will be put in jail if the fines were not suspended pending their appeal.

A bail of RM50,000 was set for Abdul Rahman and RM30,000 for Mohd Rusli.

Abdul Rahman, 47, was found guilty under Section 11 (c) of the Anti-Corruption Act 1997 and sentenced under Section 16 of the same Act for making the claims of RM10,000 each between Jan 21 and Feb 4, 2008, when he was Sungai Ayer Tawar assemblyperson.