Former dean of Universiti Teknologi Mara’s (UiTM) Sports Science and Recreation Faculty, Md Saberi Md Salleh, was ordered to serve his one-year jail term at the Kajang prison today, after losing the final appeal to set aside his conviction for falsifying documents under Section 11(c) of the Anti-Corruption Act 1997.    

In upholding Saberi’s conviction, a three-man Court of Appeal panel chaired by Justice Sulaiman Daud, concurred that Md Saberi had the intention to mislead the university.

However, the panel, which included Justice Syed Ahmad Helmy Syed Ahmad and Mohtaruddin Baki, allowed Saberi’s appeal on the three-year jail term meted out by the Shah Alam Sessions Court and reduced it to one year.   

Taking into account that Md Saberi was a first offender, Justice Sulaiman considered that three years was excessive.    

The court also maintained the RM10,000 fine or default three months’ jail, which was part of the original sentence. Md Saberi paid the fine.     

The panel acquitted and discharged businesswoman Zaleha Abd Rahman, 52, after allowing the appeal to set aside her conviction with a three-year jail term and RM10,000 fine, for abetting Md Saberi.      

Justice Sulaiman was of the opinion that the prosecution failed to prove that Zaleha, the owner of a company supplying sports equipment, had the knowledge that Md Saberi wanted to mislead the university.   

On 15 Oct 2008, the Sessions Court found Md Saberi guilty of falsely acknowledging an invoice dated March 4, 1999, for a unit of ‘Multi-joint 2 AP’ (an item of sports equipment) costing RM138,000, while knowing the faculty had not received such an item.     

Md Saberi and Zaleha were charged with committing the offence at the UiTM Shah Alam campus between March 24 and April 2, 1999.  

On Feb 17, 2010, the Shah Alam High Court had dismissed the duo’s appeals on their conviction but granted a stay of execution on the jail sentences pending an appeal at the Court of Appeal.    

DPP Zulkarnain Hassan prosecuted while Md Saberi and Zaleha were represented by Hisyam Teh Poh Teik and Salim Bashir, respectively.  

- Bernama