Judge Ahmad Kamal Arifin Ismail handed the sentence yesterday (27 June 2019) to the 61 year old Punjabi man after the defence failed to raise reasonable doubt at the end of its case, reports Bernama.
The court ordered the father of four to serve his jail term starting today, dismissing his counsel’s application for a stay of the ex-pilot’s sentence as it was without special grounds or circumstances. It will be extended by another 12 months should he fail to pay the fine.
The man was charged with lending RM600,000 to a 62-year old man in an unlicensed business transaction, between Oct 31, 2011 and April 24, 2012, at RHB Bank Berhad, Taman Tun Dr Ismail here.
The charge under Section 5 (2) of the Moneylenders Act 1951 carries a maximum fine of RM1 million or imprisonment of up to five years, or both, and in addition, caning, for subsequent offences.
Deputy public prosecutor Nurul Khairiyah Samsudin proposed the maximum punishment in the interest of the public, the report added.
“The penalty should be severe to serve as a lesson and a deterrent,” she said, noting that unlicensed moneylending activities were becoming rife.
In mitigation, the former pilot said he was his family’s sole breadwinner and did not have a fixed income as he had been unemployed for one and a half years. His wife and daughter were present in court, reports Bernama.
MPLMA tasked to formulate moneylenders’ code of practice for PDPA compliance (Asia Samachar, 15 Dec 2018)
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