| Former Clerk Spared Jail Sentence For Cbt, Cheating |
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KUALA LUMPUR, Nov 6 (Bernama) -- After eight years of waiting, a former clerk finally gets to breathe a sigh of relief when the High Court here on Friday allowed her appeal against a six-year jail sentence for cheating and criminal breach of trust.
Judge Datuk Ghazali Cha, in allowing the appeal by Rabiatul Adawiyah Goh Abdullah, said there were too many errors and misdirections in the trial of the case by the Sessions Court.
The Sessions Court had found Rabiatul Adawiyah guilty of four counts of CBT and 13 counts of cheating, involving RM583,705.97.
Ghazali also said that the Sessions Court judge had erred when she amended the charges as she should not have played the role of a public prosecutor.
The judge had misdirected herself in allowing the 17 charges to be heard jointly because there was no application by the prosecution for that, he added.
In allowing the appeal, Ghazali also ordered the RM80,000 bail posted by Rabiatul Adawiyah, for her release pending the appeal, to be returned to her.
Rabiatul Adawiyah, 48, was charged with four counts of CBT involving four cheques for RM497,993.33 belonging to her employer, Limited Editions (M) Sdn Bhd, at the company's office in Bukit Damansara here between Nov 21, 1989 and March 19, 1993.
The remaining 13 charges were for cheating several company directors by inducing them to sign 13 cheques for RM85,712.64, made payable to nine people, when the money was in fact used for her own interests at the same place between Sept 18, 1991 and Aug 22, 1992.
She was charged in court on June 2, 1993 and on March 10, 2001, Sessions Court judge Hapipah Monel found her guilty of all the charges and sentenced her to six years jail for each charge, to be served from March 10, 2001.
Deputy public prosecutor Naziah Mokhtar @ Sota prosecuted while Rabiatul Adawiyah was represented by lawyer M. Manoharan.
-- BERNAMA
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