MACC man gets 3 years’ jail, whipping for misappropriation of US$6.94 million

A senior superintendent of the Malaysian Anti-Corruption Commission (MACC) was today sentenced to three years’ jail and two strokes of the cane by the Kuala Lumpur Sessions Court for the misappropriation of US$6.94 million in cash evidence linked to a major corruption case.

Judge Suzana Hussin handed down the sentence after Shahrum Nizam Baharuddin, 41, changed his plea to guilty to an alternative charge when the case came up for mention today.

He was ordered to serve the jail sentence from the date of arrest, which was Sept 13, 2021.

MACC previously confirmed having detained three of its officers for investigation into allegations of power abuse and misappropriation in the case involving former Malaysian External Intelligence Organisation director-general Hasanah Abdul Hamid.

On April 12, 2021, Hasanah was given a discharge not amounting to an acquittal by the Kuala Lumpur High Court for a charge of committing criminal breach of trust involving US$12.1 million (RM50.4 million) belonging to the Malaysian government.

When handing down the sentence, Suzana said she hoped that it would be a lesson to the accused not to repeat the mistake.

Suzana also ordered for the property purchased by the accused using the seized money to be forfeited to the government.

The items comprised a blue Hublot Big Bang watch, a four-wheel drive Ford Raptor, a Honda Civic, a Mercedes Benz car, two high-powered Ducati motorcycles, a two-and-a half-storey house in Kota Warisan Sepang, two plots of land in Jerantut, Pahang and RM8,700 in cash.

Also ordered to be forfeited to the government was cash amounting to US$4.07 million and RM1.6 million.

The alternative charge against Shahrum was for the dishonest misappropriation of property by converting the money, amounting US$6.94 million, for his own use.

The charge, framed under Section 403 of the Penal Code, provided for imprisonment of up to five years with whipping and a possible fine, upon conviction.

He was charged with committing the offence at the Office of the Head of the Special Action Branch, Investigation Division, Level 14, Block C, MACC Headquarters, Putrajaya, between Dec 17, 2018 and April 9, 2019.

During mitigation, Shahrum’s lawyer Ahmad Hafiz A Bakar said his client, who has two children, aged 10 and 12, and a family to support, had never been convicted of any criminal offence before.

He said Shahrum had served with the MACC since Nov 14, 2005 and was the recipient of the excellent service award four times.

He is suffering from nasal cancer and a medical report from a private hospital had been submitted to the court, added the lawyer.

Hafiz said the assets purchased by his client using the money had been confiscated and sealed by the MACC.

“My client also apologised for his mistake and promised not to do it again,” he added.

Deputy public prosecutor Ahmad Akram Gharib however asked the court to consider public interest when meting out the sentence.

“The court must take into account the seriousness of the offence and that it was committed by a civil servant who was entrusted with a task, but took advantage for his own benefit.

“The prosecution requests the court to take into account the value of the money involved and the fact that this offence committed by the accused has tarnished the image of MACC as an organisation, and also certain individuals in the organisation,” he added.