Contractor pleads guilty to charges

Kota Kinabalu: A 37-year-old contractor was fined a total of RM45,000 by the Sessions Court here on three counts of using fake bank statements to get a two-year tender to supply dry food to the General Operation Force (GOF) in Sandakan worth RM6,067,200.

Muhammad Taziuddin Tutuyoh pleaded guilty before Judge Abu Bakar Manat, to all three alternative charges offered by the prosecution on Wednesday.

The court ordered Taziuddin to pay a fine of RM15,000 or four months jail on each of the alternative charges.

Taziuddin admitted to the three charges of using three forged bank statements under the name of D. Putera dated April 30, 2017, May 31, 2017 and June 30, 2017 as to obtain the tender for GOF for the period from March 14, 2018 to March 13, 2020.

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The offence took place on July 14, 2017, at the Lembaga Perolehan Persekutuan Sabah, Perbendaharaan Malaysia here.

Each of the alternative charges were framed under Section 471 of the Penal Code and punishable under Section 465 of the same Code which carries a jail term of up to two years or fine or both on conviction.

Malaysian Anti-Corruption Commission (MACC) Prosecuting Officer Clementine Severinus, in tendering the facts of the case, told the court that Taziuddin, who was the sole owner of D. Putera company, running a business of supplying raw food, dry raw food, canned food/beverage/packed food and Islamic cooked food and also opened a bank account for the company and was the registered signer of the account.

The court heard that in mid 2017, Taziuddin found out about the said tender from his mother and attended the tender briefing on June 30, 2017 and also bought the tender offer form.

Taziuddin then helped his mother to complete the tender documents, signed the form and attached it with supporting documents, among them, were the three fake bank statements dated April 30, May 31, and June 30, 2017 and sent the tender on July 10, the same year.

Clementine further said that on March 12, 2018 Taziuddin’s company, D. Putera, was appointed to carry out the tender for two years from March 14, 2018 until March 13, 2020 which was valued at RM6, 067, 200.

The court heard that Taziuddin was arrested by the MACC on Sept 7, 2020 for submitting fake document to get the said tender.

The prosecution applied for an appropriate sentence as a message to the public and would-be offender not to commit similar offence.

Clementine said the offence involved public interest and that such offence become rampant lately and also that Taziuddin earns profit i.e. tender valued at RM6.67 million with an illegal path.

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Counsel Zahir Shah, representing Taziuddin, requested for a lenient sentence as he had repented and was remorseful of his act.

On Sept 10, 2020, Taziuddin pleaded not guilty to three original charges which contained similar details under Section 471 of the Penal Code but punishable under Section 468 of the same Code which provides for a jail term of up to seven years, and fine, on conviction.

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