By Dorcas Ting
KUCHING, Feb 23: The Sessions Court here sentenced a former headman of Kampung Ensebang Kuari Baru to a fine of RM8,000 for deception to obtain funding from N25 Balai Ringin’s Minor Rural Project (MRP) allocation.
Alek Libau, 59, pleaded guilty to the alternative charge framed under Section 415 of the Penal Code and punishable under Section 417 of the Penal Code.
Judge Steve Ritikos convicted him as charged and sentenced him to a fine of RM8,000 or in default to 10 months in jail.
He was charged with dishonestly inducing Balai Ringin assemblyman Datuk Snowdan Lawan to deliver a cheque amounting to RM50,000 in the name of Jawatankuasa Kemajuan dan Keselamatan Kampung (JKKK) Kampung Ensebang Kuari Baru, from Tabung Serbaguna N25 Balai Ringin, which was allocated for the repair and maintenance of roads in Kampung Ensebang Kuari Baru, at a coffee shop in Tabuan Jaya between 8am to 5.30pm on September 8, 2018.
On September 1, 2018, the accused applied for funding of RM50,000 from Snowdan for the purpose of repairing and maintaining the roads in Kampung Ensebang Kuari Baru.
On September 8, the accused’s application was approved and a cheque for RM50,000 in the name of Jawatankuasa Kemajuan dan Keselamatan Kampung (JKKK) Kampung Ensebang Kuari Baru from Tabung Serbaguna N25 Balai Ringin was issued by Snowdan’s office and the cheque was passed to the accused on the same day at a coffee shop in Tabuan Jaya.
On October 23, it was revealed that the accused had made a withdrawal of RM35,000 from the Kampung Ensebang Kuari Baru JKKK bank account.
Upon investigation by the Malaysian Anti-Corruption Commission (MACC), the accused was found to have purchased a Hino lorry with the said money and the lorry was then chartered to a private company to transport oil palm fruit.
The accused through his counsel George Lo in his mitigation said that the accused has health complications, he suffers from a weak heart, stage 2 kidney failure, hypertension and diabetes. He spends RM500 on medication every month. The accused has no prior convictions and this is the first time he has been criminally charged.
The accused’s counsel also argued that the accused only earns about RM2,000 a month and his livelihood is based on a yearly contract with a company which can be terminated at any time by the company if he is no longer required for the job anymore. This is his only source of income and he does not have Social Security Organisation (Socso) or Employees’ Provident Fund (EPF) contributions.
The accused has dependents and his wife is a paddy field farmer. The wife also has hypertension and diabetes. His son lives with him and he has two grandchildren.
Lo also said the guilty plea by the accused has saved the court’s time in not having to go through a full trial.
However, MACC Deputy Public Prosecutor Nur Nisla Abdul Latif urged the judge to mete an appropriate sentence as the accused had committed a serious offence and the sentence should serve as a lesson to the accused himself and the public in general as at the time of the offence the accused was holding a position in his community.
The accused was represented by counsels George Lo, Francis Wee, Jonathan Tay and Ralph Lee. — DayakDaily
