A-G to appeal against decision


  • Nation
  • Thursday, 02 Dec 2010

LABUAN: The Appellate and Trial Division of the Attorney-General’s Chambers has confirmed it with submit an appeal against the Kota Kinabalu High Court decision to acquit and discharge former Labuan member of parliament Datuk Suhaili Abd Rahman for failing to declare his bankruptcy status in a bank loan application, 14 years ago.

Division head Datuk Kamaludin Md Said told Bernama yesterday that the appeal would be filed, upon receiving a report from the high court.

”We will certainly make an appeal against the Kota Kinabalu High Court decision. As of today, no date has been fixed yet, as we are waiting for a report to be prepared by the high court,” he said here.

On Sept 27, Suhaili was spared from paying a RM10,000 fine in default a month’s jail imposed by the Sessions Court in Kota Kinabalu in March, for failing to declare his bankruptcy status in a bank loan application.

After hearing submissions in his appeal against the conviction and sentence, High Court Judicial Commissioner Stephen Chung said Suhaili, 49, was victimised when he was first charged for the offence, long after he was declared no longer a bankrupt in 1997.

On March 10, Sessions Court judge Duncan Sikodol imposed the fine on Suhaili who had pleaded guilty, the day before, to an alternative charge of not informing the Malayan Banking Bhd that he was a bankrupt on April 3, 1996 when he stood as guarantor in an application form for a RM110,000 housing loan, and overdraft facility of RM50,000, by Saraequity Sdn Bhd, to buy an apartment unit at Api-Api Centre here.

The alternative charge under Section 109 (1) (m) (ii) of the Bankruptcy Act 1967 carries a jail term of not more than two years or fine, or both upon conviction.

Earlier, Suhaili allegedly committed the offence at the bank office here between April 3 and April 11, 1996. He pleaded not guilty to the charge on April 13, last year.

The offence under Section 420 of the Penal Code carries a mandatory jail term of between one and 10 years with whipping, and a fine, upon conviction.

The alternative second charge accuses Suhaili of acting as a guarantor in the said loan and overdraft applications for the company to buy the apartment, despite being declared a bankrupt.

The offence under Section 109 (1) (m) (iii) of the Bankruptcy Act 1967 provides a jail term of up to two years or a fine or both, upon conviction. — Bernama

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