FORMER WELFARE DIRECTOR’S ACQUITTAL

TALKING...Mastor (centre) talking to his counsel Zahir (right) outside the court after the proceedings yesterday. Also seen is Mastor’s wife.

By : KELIMEN SAWATAN

THE COURT of Appeal yesterday unanimously affirmed the acquittal of former Welfare Department director Datuk Mastor Samin, 60, from two graft charges.

Justice Datuk Wira Low Hop Bing who sat together with Justices Dato’ Mohd Hishamuddin Mohd Yunus and Dato’ Balia Yusof Haji Wahi, dismissed the prosecution’s appeal against the decision of the High Court which upheld the Sessions Court’s decision to acquit Mastor from both charges.

The unanimous decision was made after hearing arguments from deputy public prosecutor Joyce Blasius from the Malaysia Anti-Corruption Commission (MACC), Sabah branch and the reply from Mastor’s counsel Zahir Shah.

Low held that there was no merit in the appeal as the Sessions Court was correct in ordering the respondent to be acquitted and discharged in which the order was affirmed by the High Court.

High Court judge Datuk David Wong Dak Wah had on April 25, last year, dismissed the prosecution’s appeal against the acquittal order meted out by the Sessions Court in 2010.

Wong in his decision amongst others held that the lower court had admirably and correctly applied the basic burden of proof on the prosecution in a criminal matter.

On July 20, 2010, Sessions Court judge Ismail Brahim acquitted and discharged Mastor without calling for his defence after ruling that the prosecution had failed to establish a prima facie case.

On the first charge, Mastor was alleged to have used his office as director of the Sabah Welfare Department to order one Dosmin Lojum to hand over RM8,000 under the 'Bantuan Geran Pelancaran' to him for the purchase of a sewing machine, clothes and threads from Rodeah Enterprise, a company owned by his wife Rohani bt Abdul Rahman.

The alleged offence was committed on the fifth floor of the department at Wisma Kebajikan, Jalan Sembulan on February 25, 2002.

On the second charge, Mastor was alleged to have used his office as director of the department to order one Shamsuri b Al-Malek to obtain supplies of a sewing machine, clothes and threads valued at RM2,000 also from Rodeah Enterprise.

He was alleged to have committed the offence at the same place on February 27, 2002.

Each of the charges under Section 15 (1) of the Anti-Corruption Act 1997, punishable under Section 16 of the same Act, which provides for a jail term of between 14 days and 20 years, and a fine of up to five times the bribe amount, or RM10,000, depending on which amount is higher. (theborneopost)