In her grounds of judgment released today, judicial commissioner Roszianayati Ahmad dismissed Hafiz Rashid’s appeal to set aside his conviction for criminal breach of trust (CBT) under Section 408 of the Penal Code.

She said the jail term, fine, and two strokes of the cane meted out by the lower court were fair and just punishment.

The court had earlier heard that Hafiz, previously employed by a law firm here, received a RM7,000 fee from a client who wanted to appoint a lawyer to represent her in her divorce case.

Subsequently, the firm assigned Hafiz to take the brief.

Hafiz met the client at the shariah court on March 16, 2012, where she paid him the RM7,000 fee and signed a letter appointing him as her lawyer.

However, Hafiz did not provide the client a receipt that day. She also realised Hafiz’s appointment letter was issued under another firm’s name.

The client then complained to the firm’s clerk, who subsequently informed the firm’s managing partner.

The clerk scolded Hafiz and told him to return the RM7,000 to the firm, but Hafiz did not do so.

Instead, Hafiz resigned a week later, on March 23, 2012.

The managing partner then lodged a police report.

In his defence, Hafiz claimed he had given 14 days’ notice and tendered his resignation at the end of February 2012 and was no longer attached to the firm when the alleged offence took place.

Roszianayati said the “earlier resignation letter” had been disputed in the sessions court.

She said that despite claiming to have tendered his resignation in February 2012, Hafiz still went to work as usual until March 23, 2012.

“The firm paid him his salary and EPF contribution until the last day. That means the accused was a lawyer at the firm at the time of the offence,” she added.