Penampang eatery owner fined RM20,000 for stealing electricity

KOTA KINABALU (April 9): An eatery operator was fined RM20,000 in default six months’ jail by the Sessions Court here for dishonestly using electricity last year by bypassing the cut-out fuse linked to the premises’ fuse box.

Andrew Mali, 58, pleaded guilty before Judge Amir Shah Amir Hassan to a charge under Sub-Section 61(3)(c) of the Electricity Supply Enactment 2024, which is punishable under Sub-Section 61(3)(ii) of the same Enactment.

The indictment provides for a fine of between RM20,000 and RM1 million, or a jail term of up to five years, or both upon conviction.

The charge stated that Andrew committed the offence which caused Sabah Electricity Sdn Bhd (SESB) to charge him less for electricity or caused SESB to suffer a loss.

The offence took place at the eatery in Penampang on Feb 27, 2025.

In mitigation, Andrew, who was unrepresented by counsel, called for leniency saying this was his first offence.

He claimed that the eatery had already been shut down and he is currently unemployed due to health issues.

Andrew further claimed that the eatery’s current bill was paid and he is now awaiting a loss assessment letter, while power supply at the premises has already been cut.

However, Energy Commission of Sabah (ECoS) prosecuting officer Nureen Natasha Mohd Raffie urged the court to impose a deterrent sentence as Andrew had intentionally committed the offence.

The prosecution submitted that even though he had no previous conviction record, the offence committed was rampant.

According to the facts of the case, a meter accuracy test done at the premises showed that there was an error in meter reading at -66.441 per cent, which caused SESB to suffer a loss due to lower charges for power usage.