KUALA LUMPUR (Oct 26): A managing director pleaded guilty on Wednesday (Oct 26) for dishonestly using a false document as genuine in relation to the Mayang Mall project in Kuala Terengganu and was fined RM80,000.

Gafis (M) Sdn Bhd MD Asri Abu Shari — whose company was the nominated sub-contractor for mechanical and electrical works for the Pelaburan Hartanah Bhd (PHB) project — pleaded guilty before Sessions Court judge Suzana Hussain.

Suzana also ruled on Wednesday that should Asri fail to pay the fine, he will be subjected to a three-month jail sentence.

The 54-year-old was charged for passing off a claims document as genuine in relation to mechanical and electrical works for phase one of a mixed development project which includes a seven-story shopping centre and 10-floor car park.

The document was entitled "Testing and Testing Apparatus", part of Progress Claim No 21 for Mechanical and Electrical Works. The claim was for a Factory Acceptance Test (FAT) for, among others, chiller, sprinkler, wet and dry riser pumps.

According to the facts of the case, Asri confirmed that no factory visit or FATs were conducted for some equipment as stipulated in the contract.

He was said to have committed the offence on Oct 30, 2020 in Pandan Jaya, Kuala Lumpur.

The charge was framed under Section 471 of the Penal Code and is punishable under Section 465 of the same legislation. Offenders can be jailed up to two years or fined, or both, upon conviction.

During proceedings on Wednesday, Asri's lawyer Ridha Abdah Subri argued for a lesser sentence as his client had pleaded guilty at the earliest opportunity. The lawyer said this showed Asri's repentance over his mistake. He also added that his client was a first-time offender.

Ridha then asked for a fine of RM50,000 to be imposed on his client in lieu of jail time as, among others, Asri suffered from serious health conditions and was the breadwinner of his family.

However, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin argued that the fine was too little and that there was a need to balance the interests of the accused and the public. He then proposed a fine of between RM80,000 and RM100,000.

The sessions court judge also allowed the prosecution's application to forfeit RM1.9 million linked to the false claim. The money will now go to the government through the Malaysian Anti-Corruption Commission (MACC).

Asri did not object to the prosecution's forfeiture claim.