SHAH ALAM: A former special officer to Datuk Seri Hishammuddin Hussein was sentenced to two years’ jail and a fine of RM400,000 after being found guilty today of accepting an RM80,000 bribe in 2014.
Shah Alam sessions court judge Rozilah Salleh found Zailan Jauhari, who once served as the former Defence Minister’s Parliament officer, guilty after taking into consideration all statements provided by witnesses, the defence counsel as well as exhibits and documents during his trial.
“I found that the explanation given by the accused was dishonest, unacceptable and unreasonable. I believe it was made up. It cannot be believed compared to the statements made by the prosecution team,” said Rozilah in her ruling today.
Clad in a white and blue checkered shirt, Zailan, who looked calm and composed, had his head bowed during most of the court proceedings.
Rozilah denied an application by Zailan’s counsel, Md Yunos Shariff, for the RM400,000 fine to be paid in two instalments, ordering that it be settled in full - failure of which would result in an additional one-year imprisonment in default of payment.
Rozilah, however, allowed the application of a stay of execution of Zailan’s jail sentence pending an appeal.
She also ordered the notice of appeal to be submitted by 3pm today.
Rozilah also set a bail of RM50,000 to be paid with one surety.
During mitigation earlier, Md Yunos had appealed for a minimum jail sentence as Zailan, who has a wife and three young children, had his services with the government terminated after he was charged last year and now has no steady income as a freelancer. He is the family’s sole breadwinner.
Md Yunos added that Zailan is diabetic, while his youngest child suffers from thalassemia and requires monthly treatment.
“My client is also a first time criminal offender and has no other past records. He had also extended his fullest cooperation since his arrest by the Malaysian Anti-Corruption Commission (MACC).
“The fine of five times the bribe of RM80,000, which is RM400,000, is a huge sum. He was forced to sell his house, apart from getting loans from his family, friends and relatives, with the intention of paying the fine,” said Md Yunos.
Deputy public prosecutor Mohammed Heikal Ismail said the jail term and penalty set under MACC laws showed the seriousness of the offence committed by the accused.
“During mitigation, the accused said he has a disease (diabetes) but public interest overrules his condition. In making a decision, the court must be guided by public interest. I ask that a fair punishment is meted out as deterrent, because the offence is serious,” he said.
Rozilah said she believes that this case will be a lesson to Zailan and his family and hopes the punishment she had handed down is sufficient.
“I am sorry if my decision is wrong in your eyes, Zailan. I am guided by the statements given and the existing laws,” she said.
Zailan was accused of accepting a RM60,000 cheque and RM20,000 in cash as an inducement to reward school-cleaning tenders for two companies in Kuala Selangor.
The offence was committed at Mak Engku Steamboat & Grill, No 2, Jalan Bendahara 1/2, Taman Bendahara, here between 7.30pm and 8pm on Jan 8, 2014.
In February last year, Zailan was charged under Section 16 a (A) of the MACC Act 2009.