Malaysia

USM lecturer, brother get three years’ jail for abuse of power, abetment

Judge rules older sibling guilty of using position to approve company as supplier

Updated 3 years ago · Published on 19 Aug 2022 6:28PM

USM lecturer, brother get three years’ jail for abuse of power, abetment
Badaruddin Mohamed (right) is guilty of nine counts of abuse of power to obtain gratification for his brother Mustafa Kamal. – Bernama pic, August 19, 2022

BUTTERWORTH – A Universiti Sains Malaysia (USM) lecturer was sentenced to three years in prison and fined RM807,475 by the sessions court here today for abusing his position by approving his younger brother’s company to supply various goods to the university.

Judge Zulhazmi Abdullah meted out the sentence to Badaruddin Mohamed, 57, while his younger brother Mustafa Kamal, 50, was also handed the same punishment for abetting his elder sibling. 

The court came to the decision after finding that the defence had failed to raise reasonable doubt at the end of the prosecution’s case against the nine charges faced by the siblings.

Zulhazmi also ordered the duo to be jailed for six months if they fail to pay the fine. 

However, the court allowed the application for a stay of execution of the sentence pending an appeal of the conviction. 

The judge further ordered to have the duo’s passports impounded by the court and for them to report to the Malaysian Anti-Corruption Commission (MACC) office every month until their appeals were disposed of. 

On October 30, 2018, Badaruddin was charged with nine counts of abuse of power to obtain gratification for Mustafa, the first seven by abusing his position as USM communications strategic office director to approve his brother’s company, Syarikat MK Urusniaga (M) Sdn Bhd, as the supplier of various items and souvenirs totaling RM153,793 to the USM communications strategic office between September 23, 2011 and November 23, 2012.

As for the eighth and ninth charges, he was accused of using his position as USM Sustainable Tourism Research Cluster (STRC) chief to approve Mustafa’s company to supply 30 units of glass souvenirs worth RM3,450 and office biometrics worth RM2,920 to the USM STRC office between September 5, 2011 and May 14, 2012. 

For all nine counts, Badaruddin was charged under sub-section 23(1) of the MACC Act 2009 while Mustafa was charged with nine counts of abetting his brother under Section 28 (1) (c) of the same act.

Earlier, MACC prosecuting officer Mohamad Azlan Basri urged for a deterrent sentence to reflect the seriousness of the offence, while counsel for the brothers Shamsul Sulaiman urged the court not to impose a heavy sentence as his clients had families to support. – Bernama, August 19, 2022

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