The Court of Appeal has sentenced a former Telekom Malaysia executive to one year’s jail for dishonestly misappropriating company property worth RM1.6 million.
A three-member Court of Appeal bench chaired by Justice Azman Abdullah said there was evidence to show Shamsul Bahri Musa, 56, committed the offences.
Azman, who sat with Justices Azmi Ariffin and Radzi Abdul Hamid, had earlier set aside the High Court’s acquittal of Shamsul on four counts of criminal breach of trust (CBT).
“The prosecution has failed to prove entrustment which is an element for CBT,” he said.
However, all the ingredients for dishonest misappropriation were present, he added.
Shamsul was sentenced to jail of six months on the first count, eight months on the second, one year on the third, and nine months on the fourth.
The jail terms were ordered to run concurrently from today, with the bench issuing a warrant of committal.
Last year, the High Court in Kuala Lumpur acquitted Shamsul of CBT, ruling that the charges were defective and that the trial judge in the sessions court had misdirected herself, giving rise to the present appeal.
Shamsul was accused of committing the offences between January 2007 and September 2010 at Menara Mutiara Bangsar.
Hasnal Rezua Merican appeared for Shamsul, while deputy public prosecutor Abdul Malik Ayob represented the prosecution.
