Ex-staff member at auto company gets 7 days in jail, fined over RM148,000 for graft

By THE STAR | 20 December 2021


KUALA LUMPUR: A former staff member at an automobile company has been sentenced by a Sessions Court here to a total of seven days in jail and fined RM148,200 for corruptly receiving RM21,940 in relation to car dealings at the company he worked for.

Cheah Kuang Ming, 39, was also ordered by Sessions Court judge Azura Alwi to serve another 53 months in jail if he fails to pay the fine.

Cheah, who was the head of the used car management at the company, pleaded guilty to 12 counts of corruption involving a total of RM21,940.

According to the first until the ninth charge, Cheah was charged with corruptly receiving a total of RM10,440 in his bank account through several individuals as a reward to ensure that 10 cars from his former employer's company were sold to four used car firms.

For the 10th charge, Cheah was accused of corruptly receiving RM5,500 from a motor company as a reward for him choosing that company to buy several vehicle licence plate numbers that belonged to his employer.

For the 11th and 12th charge, Cheah had corruptly received a payment of RM2,400 and RM3,600 from two different companies as a reward for him to ensure that a computer consultancy company, Syarikat Green Matrix Solution Sdn Bhd, became the provider of the primary module system and the primary furniture supplier to the company he worked for.

The offences were committed at Maybank Bukit Bintang, Jalan Sultan Ismail between July 16 and July 22, 2019.

Cheah admitted to all the charges under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.

He faced a maximum 20-year jail sentence and fine of not less than five times the amount of gratification or RM10,000, whichever is higher, upon conviction.

During mitigation, lawyer Datuk Mohamad Hanafiah Zakaria, who represented the accused, told the court that his client's guilty plea had saved the court's time as well as the prosecution's.

He said Cheah supported his elderly parents who were diabetic and had high blood pressure.

"My client is jobless now. He is emotionally depressed since the case and was in remand for five days," Mohamad Hanafiah said.

The lawyer said a long sentence would be inappropriate and asked the court to consider a day's imprisonment instead.

Deputy Public Prosecutor Wan Shaharuddin Wan Ladin argued that based on the case, the accused had received commissions, which he should not have done.

"This (receiving commission) is illegal as it violates his employment contract. A day imprisonment and a fine are leaning towards the interest of the accused.

"We must strike a balance between the accused's interest and good governance. The prosecution suggests one to two weeks imprisonment," he said.

Judge Azura said the court must consider public interest in the case and meted out a sentence that would serve as a lesson to society.

She sentenced Cheah to prison time between a day and seven days and a fine of between RM10,000 and RM27,500 for each of the charges, which totalled up to RM148,200.

The court ordered for the jail sentence to run concurrently.

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