Ex-Sabah ports director fined RM700,000 for bribery

New Straits Times

2 days ago

KOTA KINABALU: A former Sabah Ports and Harbour Department director has been fined RM700,000 for 15 counts of bribery involving towing services.
Sessions Court judge Jason Juga imposed the hefty fine on Abel Ongkunik, 52, when the case was brought before him today for facts and sentencing.
On March 14, he pleaded guilty to all 15 alternative charges under Section 165 of the Penal Code, which provides for imprisonment of up to two years, or a fine, or both, upon conviction.
The alternative charges were offered by the prosecution following the acceptance of his representation letters.
The total amount involved in the 15 charges was RM632,296.03.
The charges stated that, while serving as the department director, the accused received sums ranging from RM33,098.62 to RM59,724.30 from two companies connected to his official duties, between 2017 and 2018.
The money was deposited into the accounts of three companies at several bank branches in Kota Kinabalu, Lido and Kota Belud.
The offences were related to granting permission to a company for towing services in the Kimanis port limit area and approving towing work licences for another company.
The court imposed fines ranging from RM38,000 to RM58,000 for each charge.
It was learnt that the accused had paid the fines.
According to the facts of the case, the accused had the authority to grant approvals for towing services provided by JPDS.
He had met with the owner of the two companies and arranged for the approvals to be granted by the department for the provision of towing services.
Investigations also revealed that the accused received money from the company owner, with funds transferred from the accounts of both companies into the accounts of three other companies.
The accounts and financial dealings of these three companies were under the accused's control.
During mitigation, counsel Dominic Chew, representing Abel, requested the court to impose a fine between RM650,000 and RM690,000 for all 15 charges.
Dominic informed the court that the accused, who has three children, is the sole breadwinner of the family and that this was his first offence.
"In addition, our client has expressed genuine remorse and wishes to move forward with his life through his new employment in Terengganu, while providing for his family through lawful means," he said.
In reply, Malaysian Anti-Corruption Commission (MACC) deputy public prosecutor Nurul Izzati Sapifee proposed that the fine be at least RM50,000 per charge, taking into account the facts of the case, the need to serve public interest, and to act as a deterrent to potential offenders.
She said the accused, as a director at the time, held the highest position in the department.
As such, he should have upheld high moral standards when dealing with businesses involving the department and in maintaining the image of the public service in the eyes of the public.
"The fact that he committed such offences while holding the highest position in the department could have prevented other companies from being granted similar permits for work from it.
"As a director, he should not have had personal dealings with any individual or company known to be connected to his official duties," she added.
The accused was originally facing 29 charges involving over RM1.29 million in bribes under Section 17(a) of the MACC Act 2009, which is punishable under Section 24(1) of the same act.
He pleaded not guilty on March 15, 2022.
The 15 original charges were withdrawn, while the remaining 14 main charges were taken into consideration by the court in accordance with Section 171A of the Criminal Procedure Code.