http://www.nst.com.my/Current_News/nst/Wednesday/National/20070214095156/Article/local1_html

Stay of execution because children need their fathers

February 14, 2007, New Straits Times (KUALA LUMPUR)---Sessions judge Akhtar Tahir yesterday granted a stay of execution to two former Tabung Haji senior general managers because their children needed their fathers.

"I do not want their children to be affected by the imprisonment of their fathers," he said.

Akhtar said Datuk Mohd Amin Sidek’s son who was in his fourth year medicine was "suffering".

"In the case of the second accused (Mohamad Shafie) the reasons given are the same because the children are still studying and that they need their father," Akhtar said. He granted a stay but said as they had already been convicted, the court was forced to raise bail to RM400,000 with one surety each.

Previously bail was set at RM250,000 each.

Mohd Amin and Mohamad Shafie were on Jan 23 sentenced to 10 years’ jail each for criminal breach of trust involving RM200 million of Tabung Haji funds.

They were also sentenced to another six years’ jail each for deceiving former ministers in the Prime Minister’s Department Datuk (now Tan Sri) Abdul Hamid Othman and Brig-Jen (rtd) Datuk Abdul Hamid Zainal Abidin.

Akhtar ordered both sentences to run concurrently.

They were found guilty of deceiving the ministers into approving an investment of RM200 million in questionable currency trading that resulted in losses of RM80 million.

In an affidavit supporting his application, Mohamad Shafie said he was supporting his 96-year-old mother and his two children. Besides, his two daughters were getting married later this year.

He added that he was suffering from a prostate disease and needed to take a herbal medicine called Pronoton, which he was not allowed to in jail.

Mohd Amin, in his affidavit said he was supporting his wife and five children, three of whom were still studying. His wife’s pension as a teacher was not enough to support them.

He said his children were suffering from mental depression since his imprisonment.

His son, who was studying medicine in Dublin, could not sit for his exam due to depression and he was afraid this might affect his son’s future.

Counsel Mohd Firuz Jaffril appeared for Mohd Amin and V. Rajadevan for Mohamad.

DPP Dzulkifli Ahmad said he was surprised by Akhtar’s decision.

"As stated in our affidavit, the excuses given (by the accused) have no special or exceptional circumstances in law."