By Dorcas Ting
KUCHING, April 10: A 34-year-old woman battling stage four colon cancer has been ordered by the Sessions Court here today to serve a three-year good behaviour bond after being found guilty of 16 counts of criminal breach of trust involving RM21,700.
Ivy Estivia Lita, a senior cashier at a supermarket in a local shopping mall, was sentenced by Judge Afidah Abdul Rahman, who exercised discretion under Section 294 of the Criminal Procedure Code, also imposing a non-deposit RM10,000 bail with one local surety.
In delivering the sentence, the court took into consideration Ivy’s medical condition, as she is currently undergoing regular chemotherapy sessions and requires frequent medical attention to manage her health complications.
Afidah noted that Ivy must consistently attend her medical appointments to ensure her treatment is not disrupted and to avoid further deterioration of her health.
Unrepresented during the proceedings, Ivy pleaded for leniency, telling the court she faced significant struggles with mobility and hygiene due to her illness. She revealed that she undergoes chemotherapy every two weeks and needs to replace her stoma bag frequently.
Ivy had initially claimed trial when charged on August 10, 2023, and chose to remain silent during the defence stage of her trial. However, the court found that the prosecution had successfully proven its case beyond reasonable doubt and convicted her accordingly.
The charges, framed under Section 408 of the Penal Code, carry a minimum jail term of one year and a maximum of 14 years, along with whipping and a possible fine upon conviction.
Between January 5 and February 20, 2023, Ivy was found to have carried out 21 unauthorised top-up transactions totalling RM21,700 using a membership card allegedly registered in her name.
The offences took place while she was employed at the supermarket located along Jalan Tun Ahmad Zaidi Adruce.
The case came to light after the supermarket’s human resources department detected irregularities in financial records. A subsequent internal audit revealed that Ivy had been topping up her membership card for personal use without making any payments to the company.
A police report was filed, which eventually led to her arrest.
Deputy Public Prosecutor Mohamad Aiman Mutallib Mohamad Shariff led the prosecution. – DayakDaily
