PUTRAJAYA, 27 Dec 2017:
A former clerk escaped a 39-month jail sentence after the Court of Appeal yesterday allowed her appeal to set aside her conviction and sentence – after being found guilty of two counts of criminal breach of trust (CBT) involving RM20,949.17.
The three-man panel chaired by Justice Datuk Tengku Maimun Tuan Mat unanimously allowed R. Birunthavathy, 34, the final appeal against her conviction and sentence.
On 30 June 2014, the Shah Alam sessions court sentenced the woman to 39 months jail after she was found guilty of two counts of CBT and the Shah Alam high court also upheld the conviction and sentence after dismissing her appeal.
Birunthavathy was seen smiling at her family present in court and thanked her lawyers Dinesh Muthal and Baskaran Manikam after hearing the decision.
Tengku Maimun – who presided over the appeal with justices Datuk Yaacob Md Sam and Datuk Rhodzariah Bujang – said the conviction and sentence of the appellant were rendered unsafe.
She said the material witness in the case was not called to testify by the prosecution and the original document regarding the payment of the money was also not produced during the trial at the sessions court.
“The court allowed the appellant’s appeal and set aside the conviction and the sentence.”
The woman was alleged to have committed CBT involving RM5,577 at E-Title Services Sdn Bhd, Menara Maxisegar, Pandan Indah, Selangor between 25 March 2011 and 5 Dec 2011.
On the second count, she was alleged to have committed CBT involving RM15,372.17 at the same place, between 18 April 2012 and 12 Dec 2012.
Sessions Court sentenced her to 15 months’ jail for the first charge and another 24 months for the second charge and the sentences were ordered to run consecutively.
A total of 16 prosecution witnesses and four defence witnesses were summoned to testify during the trial.
– Bernama