Wrongly Convicted Database Record

 

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Helena Baba

 

Charge:

Misappropriating Private Property

Sentence:

4 years

Years Imprisoned:

0.9

Year Crime:

2005

Year Convicted:

2015

Year Cleared:

2017

U.S. State or Country of Crime:

Malaysia

County or Region of Crime:

Sabah

City of Crime:

Kota Kinabalu

Result:

Judicially Exonerated Released

Summary of Case:

"Helena Baba was wrongly convicted on July 15, 2015 of five counts of criminal breach of trust by misusing monies belonging to her employer in Kota Kinabalu, Sabah, Malaysia. Baba was a clerk at SRS Datuk Simon Fung, a private school in Kota Kinabalu. Her prosecution was based on the allegation that the then 30-year-old Baba misused receipts of the school on five occasions in 2005: On Oct 5, Aug 10, May 18, Sept 29 and Oct 28 amounting to RM1,112, RM336, RM1,120, RM2,984.20, RM3,287, respectively. After her conviction Baba was sentenced to five concurrent four-year prison terms (The maximum for each count was a prison sentence of 14 years, whipping, or a fine.). Baba appealed her convictions and sentence. On June 24, 2016 the High Court in Kota Kinabalu affirmed Baba's convictions and sentence. The High Court also dismissed the stay of execution of Baba's sentence granted by the trial court pending the outcome of her appeal. On May 15, 2017 Malaysia's Court of Appeal unanimously set-aside Helena Baba's convictions and ordered her acquittal on the basis she had not violated the law that required proof she had misappropriated the receipts for her personal gain -- not misused them in expenses for the school. Baba was immediately released from prison."

Conviction Caused By:

Innocence Proved By:

"On May 15, 2017 Malaysia's Court of Appeal unanimously set-aside Helena Baba's convictions and ordered her acquittal on the basis she had not violated the law that required proof she had misappropriated the receipts for her personal gain -- not misused them in expenses for the school."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

40

Age When Released:

42

Sex:

Female

Skin/Ethnicity:

Black

Information Source 1:

"Ex-clerk's CBT conviction and sentence set aside, By Staff writer, Daily Express (Kota Kinabalu, Sabah, Malaysia), May 16, 2017"

Information Location 1:

http://www.dailyexpress.com.my/news.cfm?NewsID=117724

Information Source 2:

"Former clerk’s appeal against CBT sentence dismissed, By Staff writer, Daily Express (Kota Kinabalu, Sabah, Malaysia), June 25, 2016"

Information Location 2:

http://www.theborneopost.com/2016/06/25/former-clerks-appeal-against-cbt-sentence-dismissed/

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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