Kota Kinabalu: A 36-year-old man was jailed for six years and fined RM10,000, in default two years’ imprisonment, for committing criminal breach of trust involving a sum of RM105,868.75.
Sessions Court Judge Zaini Fishir meted out the sentence to Melwin Kapin, who pleaded guilty to the charge against him on Friday.
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Melwin committed the offence by breaching the trust placed in him as an Administrative Assistant entrusted with handling daily collection proceeds, which were supposed to be deposited into a bank account under the name of Lembaga Sukan Negeri Sabah but failed to do so.
The offence was committed between January and June 2023 at the Kota Kinabalu Sports Complex here.
He was charged under Section 408 of the Penal Code, which provides for a jail term of between one and 10 years, and is also liable to whipping or a fine, upon conviction.
The court ordered Melwin to serve the jail sentence from the date of his arrest.
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In mitigation, Melwin told the court that he has health problems.
However, Deputy Public Prosecutor Fazriel Fardiansyah Abdul Kadir urged the court to impose a deterrent sentence, saying the offence was serious as it involved a large sum of money.
The court heard that in early October 2023, the complainant, together with the Finance Division, conducted an annual financial audit and found that the amount recorded in the Kota Kinabalu Sports Complex bank account did not tally with the daily collection amounts.
Investigations and audit findings revealed that Melwin, who was responsible for handling rental payments for facilities at the complex, failed to deposit RM105,868.75 between January 16, 2023 and June 22, 2023 into the complex’s bank account.
He was believed to have used the money for personal purposes and failed to carry out his entrusted duties properly.
His contract ended in October 2023, after which the complainant lodged a police report for further action and investigation.
Investigations further found that Melwin had committed criminal breach of trust by failing to credit the daily collection proceeds amounting to RM105,868.75 into the bank account of Lembaga Sukan Negeri Sabah, and instead used the money for personal purposes while employed there.
