Kota Kinabalu: An eatery operator was fined RM20,000 in default six months’ jail for dishonestly using electricity which caused losses to Sabah Electricity (SE).
Andrew Mali, 58, pleaded guilty before Sessions Court Judge Amir Shah Amir Hassan, to a charge against him on Thursday.
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Andrew had dishonestly using the electricity supply through bypassing extension called cut out fuse linked to the premises’ switchboard, which had caused the SE to charge his electricity usage less and that SE suffered or to cause SESB to suffer loss.
The offence took place at the premises in Kg Hungab, Penampang on Feb 27, 2025 at 10.05am.
The offence under Sub-Section 61(3)(c) of the Electricity Supply Enactment 2024, punishable under Sub-Section 61(3)(ii) of the same Enactment which provides for a fine of between RM20,000 and RM1 million, or a jail term of up to five years or both, on conviction.
During mitigation, Andrew who was not represented, asked for a lenient sentence saying that it was his first offence.
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He told the court that the premises had already been shut down and the power supply at the premises already terminated.
Andrew who has health problem also informed the court that the premises’ current bill was paid and he is currently waiting for a loss assessment letter.
However, Energy Commission of Sabah (ECoS) Prosecuting Officer Nureen Natasha Mohd Raffie urged court to impose a deterrent sentence on Andrew as he had intentionally committed the offence.
She further submitted that Andrew had committed a serious offence which caused losses to SE and that the sentence to serve as a lesson to Andrew and would-be offenders.
Nureen further said that even though Andrew had no previous conviction record, but the offence committed was rampant.
The facts of the case stated that meter accuracy test done on the premises, the result showed that there was error in meter reading at -66.441 per cent which had caused SE to suffer loss or to less charge of the power usage.
Investigation revealed that Andrew had dishonestly used the electricity supply through bypassing extension called cut out fuse linked to the premises’ switchboard which owned by him.