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2 IT execs fined RM140,000 each for modifying computer servers​

V Anbalagan
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February 16, 2022 2:15 PM
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The court was told that the action of the men cost a multinational oil company about RM5 million in economic losses and cost to restore the system.
PUTRAJAYA: Two IT executives, who illegally modified the computer servers of a multinational oil company here, were spared a jail term but fined RM140,000 each on two counts of the offences committed in 2009.
A three-member Court of Appeal bench chaired by Suraya Othman said the action of the men cost the company about RM5 million in economic losses and cost to restore the system.
“It was expensive and a lot of people were affected here and also in other parts of the world,” said Suraya, who sat with Nordin Hassan and Hashim Hamzah.




R Muralitharan, 43, and R Pathmanathan, 45, have been given until 5pm on Friday to settle the fine, failing which a warrant of arrest will be issued.




Suraya said the bench had considered the submissions by the prosecution and the counsel for the appellants.
“We set aside the High Court order (to send them to jail) and substitute it with a fine,” she said.
She fined them RM70,000 each for the first offence or six month’s jail in lieu, and the same sentence for the second.
Earlier, lawyer Geethan Ram Vincent, who represented Pathmanathan, informed the judges that both men had withdrawn their appeal against conviction.

He said both were now only appealing against sentence and that the public prosecutor was agreeable to a fine following a representation.
Lawyer Hisyam Teh Poh Teik, who appeared for Muralithran, and Vincent urged the bench to impose a RM30,000 fine for the two offences.
Deputy public prosecutor Mohd Khushairy Ibrahim called for a fine of RM70,000 for each offence.
The duo committed the offences at Shell Information Technology International in Cyberjaya, Selangor between Feb 28 and March 1, 2009.
The charge sheet stated that they, without authorisation, modified the contents of the company’s computer servers, an offence under section 5 of the Computer Crimes Act 1997.
This offence carries a fine up to RM150,000 or a maximum 10 years’ jail or both if done with the intention to cause injury or losses as defined in the Penal Code.
Khushairy said the servers as well as individual computers were impacted as a result of their action.
“In total, 681 servers were affected and required restoration in the UK, the US, the Netherlands, Norway, Russia and Kazakhstan,” he said.
The sessions court had in 2011 sentenced them to a two-year concurrent jail term for each of the offences.
The High Court affirmed the conviction and the jail term in 2014.
 
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