KUCHING: A former assistant salesperson at a 24-hour convenience store has been sentenced to 36 months in prison and three strokes of the cane by the Sessions Court here after being found guilty of breaching trust involving a sum of RM436.
Judge Saiful Bahari Adzmi delivered the verdict after the prosecution successfully proved a prima facie case against Faizal Bohari, 39, from Kampung Muara Tebas, at the end of the prosecution’s case.
Throughout the trial, Faizal chose to remain silent and failed to present any witnesses for the defence, leaving the court with no choice but to impose the sentence.
According to all charges, he, as an assistant salesperson, was found guilty of failing to deposit cash sales into the company’s bank account, amounting to a total of RM436.
He committed the offence repeatedly on April 29, 2017, May 1, 2017, and May 2, 2017, at a 24-hour convenience store in Jalan Sekama here.
Therefore, the accused was charged under Section 408 of the Penal Code, which stipulates imprisonment for not less than a year and not exceeding 14 years, with caning and a possible fine if found guilty.
Judge Saiful Bahari imposed a 12-month prison sentence and one stroke of the cane for each charge against Faizal, ordering the accused to serve the sentences consecutively.
In the case facts, on May 3, 2017, the store manager noticed a shortage of sales money that should have been credited during Faizal’s shifts on April 29, 2017, May 1, 2017, and May 2, 2017, where RM99.60, RM173.80, and RM162.60 were not credited to the company’s account.
Subsequently, the store manager informed the superiors and directed other employees to review the Closed-Circuit Television (CCTV) footage.
The CCTV footage revealed that Faizal had taken cash from the cashier machine and placed it in his pocket.
An internal investigation was conducted by the store manager, contacting the accused, who later admitted taking the money for personal use.
Following the incident, the accused failed to report to work for the next two days, leading to a police report filed by the complainant for further investigation.
The prosecution of the case was led by deputy public prosecutor Mohammad Fauzan Zamri, while the accused was not represented by a lawyer.
