Kuala Lumpur, 23 February 2011
Former remisier loses second appeal
The Court of Appeal today upheld the earlier High Court conviction and sentence against Haron Jambari for deceiving the Federal Territory Islamic Religious Council (Majlis Agama Islam Wilayah Persekutuan – MAIWP) in relation to the purchase of Petronas Dagangan Bhd shares in 1994 (PDB shares transaction).
Haron, a former remisier at Arab Malaysian Securities Sdn Bhd, was charged under Section 87A of the Securities Industries Act (SIA) for making a false statement to his client, MAIWP. He was also charged under Section 409 of the Penal Code for committing criminal breach of trust (CBT) for misappropriating RM2 million belonging to MAIWP in connection with the PDB shares transaction.
Nik Aziz Nik Mohd Amin, the then accountant with MAIWP, was charged for abetting Haron under Section 87A of the SIA and Section 409 of the Penal Code, read with Section 109 of the Penal Code. He was also charged under Section 165 of the Penal Code for accepting RM130,000 without consideration, from Haron while performing his duties as a public servant with the MAIWP.
On 29 July 2002, the Sessions Court sentenced Haron to three years imprisonment and imposed a fine of RM1 million (in default two years) for the SIA offence and four years imprisonment and two strokes of the rotan for committing the CBT. Nik Aziz received similar sentences for the SIA and CBT offences, plus two years imprisonment in respect of the charge under section 165 of the Penal Code. Their appeal to the High Court was dismissed on 24 August 2005.
Today, the Court of Appeal upheld both the conviction and the sentences imposed by the Sessions Court and High Court on Haron. The Court of Appeal upheld the conviction and sentence for CBT and section 165 Penal Code offence imposed on Nik Aziz but acquitted him on the charge of abetting Haron in making the false statement. The Court also set aside the whipping as Nik Aziz is now over 50 years old. All sentences were ordered to run concurrently.
The prosecution of Haron Jambari and Nik Aziz Nik Mohd Amin in 1995 was the first case brought under section 87A SIA by the SC. It also became, in 2002, the first case in which the SC secured, upon conviction, a custodial sentence under that section.
This was the first case to be jointly prosecuted by the SC and the Attorney-General’s Chambers in 1995, following investigations conducted by the SC, the Police and the Anti-Corruption Agency. Similar inter-agency collaboration continues to this day.
All market participants have a fundamental role in upholding the integrity of the market; where there is sufficient evidence of professional and other misconduct from investigations, the SC will take relevant action.
SECURITIES COMMISSION MALAYSIA