PUTRAJAYA: Ex-Selayang Municipal Council president Datuk Bakaruddin Othman walked out of the courtroom a free man today after the Court of Appeal overturned his conviction, a three-year jail sentence and a fine of RM132,500, for using the local council’s funds for maintenance of his personal residence.
In acquitting the appellant (Bakaruddin), a three-man bench led by Court of Appeal judge Datuk Wira Mokhtaruddin Baki, unanimously ruled that the Shah Alam Sessions Court’s decision was not safe.
The panel which also comprises Datuk Harmindar Singh Dhaliwal and Datuk Abdul Karim Abdul Jalil simultaneously set aside Bakaruddin’s conviction and sentence imposed by the lower court after allowing his appeal.
In the judgement, the court found that the house was the appellant’s official home and that he was eligible to the fund to finance the renovation as it was done legally as per the full board meeting and guideline provided by the Selangor government for local authorities.
The court ordered for the fine to be returned.
On Dec 21, 2012, Bakaruddin, 63, who is currently an administrative and diplomatic officer at the Public Service Department, was sentenced to three years jail and fined RM132,500 in default a year’s jail by the Shah Alam Sessions Court.
He was charged with using his office or position as the MPS president to obtain gratification in the form of financing, involving RM26,500, for maintenance of his house.
The financing for the residence located at Jalan Laksamana 9, Kampung Laksamana, Batu Caves, Selangor, was allegedly approved by Bakaruddin during a meeting of the MPS tender committee, dated Oct 27, 2001.
He was charged with committing the offence between June 2001 and April 2002 at the Selayang Municipal Council Building in Bandar Baru Selayang.
Bakaruddin was represented by lawyers Datuk Akbardin Abdul Kader and Datuk Jagjit Singh while deputy public prosecutor Wong Poi Yoke prosecuted.
