George Town High Court rules that the two-year sentence imposed by a lower court was 'manifestly inadequate'.George Town High Court rules that the two-year sentence imposed by a lower court was 'manifestly inadequate'.

Court triples ex-lawyer’s jail term over CBT involving client’s RM392,000

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mahkamah tinggiThe initial two-year jail term handed down to former lawyer Subash Hassan was increased to six by the George Town High Court.

PETALING JAYA: A former lawyer was sentenced to six years’ imprisonment by the George Town High Court for misappropriating RM392,000 in proceeds from a land sale belonging to his client at the time 10 years ago.

Justice Rofiah Mohamad enhanced Subash Hassan’s custodial sentence from two years to six, describing the lower court’s punishment as “manifestly inadequate”.

Subash oversaw the sale and purchase of a plot of land in Penang’s Barat Daya district 10 years ago.

The buyer’s lawyer paid RM392,000 into Subash’s client account, but the money was never handed over to the client, Ahmad Hussain, or his family before his death in 2021.

The sessions court found Subash guilty of criminal breach of trust last year and imposed a two-year jail sentence and a RM90,000 fine.

In increasing the sentence, Rofiah said Ahmad and his family members never enjoyed the proceeds from the sale that they deserved.

She also said that the minimum custodial sentence would not deter other lawyers.

Rofiah added that Subash’s justification for not releasing the money to Ahmad or his family – that no faraid certificate was obtained – was a flimsy excuse and an afterthought.

“The family members are left empty-handed. All of this resulted from the accused’s betrayal.

“The victim (Ahmad) passed away burdened with disappointment, regret, and sorrow for letting down his family members,” Rofiah said.

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