False Claim

After more than 8 years , former Jeli MP Apandi Mohamad has been acquitted and discharged by the Sessions Court in KL of making 13 false hotel stay claims involving RM31,050. The Sessions Court judge make the decision after finding that the prosecution had failed to prove a prima facie case against the former MP. The prosecution had also failed to prove the accused's intention and knowledge of the offence and the allegations were "hazy and unclear"

Apandi Mohamad was accused of making 13 false claims totalling RM31,050 in his official capacity as an MP from Nov 11,2002 to July 27, 2003. He allegedly committed the offence under Section 11(c) of the Anti Corruption Act 1997 at the Finance Division of the Parliament office.

The law says : any person knowingly gives to an agent, or if an agent knowingly uses with intent to deceive his principal, any receipt, an account or other document in respect of which the principal is interested, and which contains any statement which is false or erraneous or defective in any material particular and which to his knowledge is intended to mislead the principal, he shall be guilty of an offence.

Subordinate courts consist of the Sessions Court, the Magistrate’s Court and the Court for Children. A Sessions Court is presided by a Sessions Court judge while a Magistrate’s Court and a Court for Children are presided by magistrates.

Sessions Court
A Sessions Court has the jurisdiction to hear both criminal and civil cases. At present there are eighty seven Sessions Court judges throughout Malaysia.

Appointment
A Sessions Court judge is appointed by the Yang di-Pertuan Agong on the recommendation of the respective Chief Judges (section 59 of the Subordinate Courts Act 1948).
Sittings
The court sits everyday except on public holidays.

Jurisdiction
Criminal
A Sessions Court has the jurisdiction to try all offences other than offences punishable with death. Except for the sentence of death, a Sessions Court may pass any sentence including natural life sentence (sections 63 and 64 of the SubordinateCourts Act 1948).

Apandi was my senior while we were studying in UTM way back in the early eighties.