High Court enhances businessman's jail term for cheating case from three years to eight

Shanti Gunaratnam

KUALA LUMPUR: The High Court today enhanced the jail sentence of a businessman from three years to eight years and fined him RM300,000 in default one year's jail for cheating, after dismissing his appeal against his conviction and sentence.

Judicial Commissioner Datuk Mohamad Shariff Abu Samah, in enhancing the jail sentence of Datuk Mohd Mustafa Mohd Khalid, said the appeal had no merits.

“I find no reason to disturb the findings of the Sessions Court Judge. A strong message must be sent to the public that the court views such offences with complete detestation and abhorrence.

"Cheating cases are also serious offences and a deterrent sentence must be imposed," said Mohamad Shariff, who used the court's revisionary powers to enhance the sentence.

He also ordered the jail sentence to take effect from today.

Mohd Mustafa, 55, was found guilty by the Sessions Court on Feb 19 of cheating Datuk Kamaludin Janis, the managing director of Syarikat MN Resource Sdn Bhd of RM1 million.

He is alleged to have committed the offence by getting Kamaludin to believe that he (Mohd Mustafa) had the letter, which was not genuine, of intent from the Ministry of Finance, dated July 6, 2009 for a proposal to supply scanner systems (100 percent) to the Royal Malaysian Customs Department for rental.

The alleged offence took place at Hotel Malaya, 138 Jalan Ampang, near here in July 2009.

Deputy public prosecutor Haderiah Siri acted for the respondent while counsel Wan Sharizal Wan Ladin, represented the appellant.