KUCHING: The Sessions Court here acquitted and discharged a primary school headmaster in Padawan of criminal breach of trust involving the Special Needs Pupil Assistance Allowance (EMK).
Judge Steve Ritikos made the decision after the prosecution failed to prove a prima facie case against Madahan Busman at the end of the prosecution stage yesterday.
He was accused of failing to distribute the Ministry of Education’s Special Needs Allowance amounting to RM7,200 to four students between January and December 2019.
He stood charged under Section 409 of the Penal Code, which carries a prison sentence of up to 20 years, if convicted.
The court ruled that the prosecution had failed to present evidence of the charge, which is an important issue raised by the defence, that the accused had misused the money.
It is understood that there was a slight delay in the distribution of the monetary aid to students.
The court held that Madahan’s delay or failure in carrying out his duties did not show dishonest intent and in this case, the EMK funds were well received by the students despite the delay.
A total of 20 prosecution witnesses were called to testify throughout the duration of the case.
Deputy public prosecutor Nisla Abdul Latiff prosecuted the case while, Madahan was represented by counsel Osman Ibrahim, Fadzillah Osman, Ernie Natasha Azman and Nur Atiqah Kulah.
