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NEWS ALERT:     Federal Court rules Zambry is rightful MB of Perak, dismisses Nizar's appeal              NEWS ALERT:    Anwar sodomy trial postponed to tomorrow; defence to file a response to prosecution's affidavit-in-reply to Anwar's recusal application                        NEWS ALERT:      Najib: All quarters should accept Federal Court decision and stop politicising issue; concentrate on working for the people of Perak

Tue, 09 Feb 2010
NEWS WITHOUT BORDERS :: Local News
Judge allows stays of execution on duo due to their children's education
R.Surenthira Kumar
KUALA LUMPUR (Feb 13, 2007): The sessions court here today granted stays of execution to two men who were jailed 10 years on grounds that their children's education will suffer if they languished in prison.

"The court does not want your children's education to be affected," sessions judge Akhtar Tahir told Datuk Mohd Amin Sidek and Mohamad Shafie, both former senior general managers of the Pilgrims Fund Board (Tabung Haji).

In granting their applications for a stay of execution, Akhtar said he had read the affidavits filed by them.

He however raised their bail to RM400,000, up from RM250,000 previously.

The decision surprised Deputy Public Prosecutor Dzulkifli Ahmad, who was told by Akhtar there was no necessity for further submissions on the matter.

Dzulkifli later told reporters the prosecution had objected to the stay of execution applications as there were no "special or exceptional circumstances" for the stay to be allowed.

"We are surprised the applications were allowed based on the reasons given," added Dzulkifli.

Earlier, Aktar noted that one of Mohd Amin's five children is studying medicine and the teenager's studies might suffer as a result of his father's imprisonment.

Akhtar initially raised the bail to RM500,000, but his lawyer Firuz Jaffril quickly appealed for it to be lowered to RM400,000.

"Why RM400,000?" asked Akhtar, before allowing it.

The same reason, that the children's education will be affected, was given by Akhtar when allowing Mohamad's application.

Bail for Mohamad which was initially reset at RM500,000 was similarly reduced to RM400,000, following a similar appeal from Mohamad's lawyer, V.Rajadevan.

The duo's family members who were present in court were taken aback when Akhtar announced the higher bail amount and were seen frantically arranging to post bail.

On Jan 23, Mohd Amin, 55, of Tabung Haji's finance division and Mohamad, 56, of the investment division were jailed 10 years each by the sessions court for committing Criminal Breach of Trust (CBT) involving a total of RM200 million belonging to the fund six years ago.

Mohd Amin was found guilty of CBT involving RM150 million and Mohamad RM50 million at the Tabung Haji building on Jalan Tun Razak between July 14, 2000, and May 11, 2001.

They were also jailed six years each for cheating two Ministers in connection with approval of the investment of the board's funds.

They were found guilty of cheating Tan Sri Abdul Hamid Othman and Brig-Jen (Rtd) Datuk Abdul Hamid Zainal Abidin, then ministers in the Prime Minister's Department, between June 29, 2000, and July 27, 2001.

The sentences were to be served concurrently.

Mohd Amin and Mohamed who have been in prison since Jan 23, have filed appeals against the convictions to the High Court.

Mohd Amin, in his affidavit said his wife is a full-time housewife and three of his five children were studying.

His sons, Mohd Azri Ashraf is a fourth year medical student in the University of Dublin in Ireland, Mohd Arif Affan is pursuing his third year in Mechanical Engineering in Universiti Teknologi Mara (Uitm) while daughter Munira Almalina is in Form Four.

He said since he left Tabung Haji, he has been looking after his family through income derived from an insurance set-up by him.

He added his wife's earnings as a retired secondary school teacher was insufficient to finance the family living expenses and also their children's education.

Mohd Amin said he had appealed for the stay of execution as then he would be able to make the necessary preparations, financially and spiritually, to help his family cope with his absence.

"My detention in prison has resulted in my children experiencing serious mental stress and I fear their studies will be affected. As a father, I naturally want my children to attain higher education for their own future even though I have to be in prison when I am about to reach the age of 60," said Mohd Amin in the affidavit.

Meanwhile Mohamad in his affidavit said since leaving Tabung Haji, he has been working as a construction company general manager, earning a salary of RM3,000.

He claimed he was financing his daughter, Nabeelah, who is pursuing a diploma in accountancy course in UiTM campus in Sarawak and son, Ahmad Taufik, who is in Primary Six and will be sitting for his PMR this year.

Mohamad added his two other daughters, Noreen and Khaireen will be getting married in March and August.

"Without my presence, my family will face serious financial strain and they also need the guidance of a father," said Mohamad in his affidavit.


Updated: 05:44PM Tue, 13 Feb 2007
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