Man misappropriates $470k paid by more than 200 Muslim pilgrims
Shaffiq Alkhatib for The Straits Times
An undischarged bankrupt misappropriated about $470,000 from more than 200 people who had signed up for a package to perform the umrah - an Islamic pilgrimage to Mecca in Saudi Arabia.
The customers received no news about arrangements for the trip, and found out in November 2015 that it would not take place.
Singaporean Suwandi Marchuke, 58, was initially expected to be sentenced on Sept 3, but his mitigation and sentencing will now take place on Oct 16.
After a trial, District Judge Shaiffudin Saruwan convicted him in July of one count each of criminal breach of trust and acting as a manager of a company called Bil Hikmah Consultants from around September 2014 to March 2016 while he was a bankrupt.
The judge also found him guilty of five counts of intentionally aiding the company to carry on the business of a travel agent without a licence. In earlier proceedings, the court heard that Suwandi, who is also known as Andy Martiin and Datuk Andy Martiin, was declared bankrupt on Aug 22, 2013.
Bil Hikmah was registered in Singapore on Feb 13, 2014.
In or before September that year, the company began offering umrah packages called Pakej Umrah Mampu Pergi ("affordable umrah package" in Malay), or Pump 2015.
The trip was slated to take place from Dec 12 to 22, 2015, with flights and accommodation included in the deal.
The price for each person was $1,998, with additional fees payable for extras. There was also a registration fee of $150.
Court documents stated that the package price was substantially lower than the market price for umrah travel packages, which typically cost $3,000 to $3,500, or more.
Deputy Public Prosecutor Ryan Lim and Assistant Public Prosecutor Chye Jer Yuan stated in their submissions that the registered partners of the company were Suwandi's brother-in-law, Mr Abdul Sulaiman Hussain, and Ms Siti Rohani Kusno.
The prosecutors said: "Both confirmed that they held those positions in name only, having agreed to 'lend their names' to the accused.
"In reality, it was the accused who managed Bil Hikmah, by controlling (the company's) bank accounts, preparing or approving the Pump 2015 materials published... and representing Bil Hikmah at briefings for customers."
The prosecutors stressed that Bil Hikmah never held a licence to conduct the business of a travel agent.
Despite this, more than 200 customers signed up for Pump 2015.
The court heard that as at November 2015, Bil Hikmah had not booked any hotels or flights. It also did not make arrangements for visas, vaccinations or pre-travel religious classes.
The prosecutors told Judge Shaiffudin: "Customers received no news about the arrangements for the trip. At a meeting on Nov 7, 2015, it was suddenly announced that the trip would not take place."
Police arrested Suwandi two days later.
During the trial, Ms Siti Rohani testified that Suwandi had assured her that he would control Bil Hikmah and resolve any problems that might surface.
According to the prosecution, she took instructions from him and would type or prepare whatever documents he asked for. However, she was not involved in the planning of Pump 2015.
The prosecutors also said Suwandi understood that his brother-in-law, Mr Abdul Sulaiman, would not be involved in Bil Hikmah's operations.
"Sulaiman similarly testified that he had passed his (identity card) to the accused, and had allowed him to use his name to set up Bil Hikmah," they added.
Beyond that, Mr Abdul Sulaiman said he had no other involvement in its operations.
According to the prosecutors, Suwandi confirmed that Mr Abdul Sulaiman was not involved in organising Pump 2015, collecting money for the packages, or making any decision for the company.
"In reality, it was (Suwandi) who managed the operations," they added.
Suwandi, who is not represented by a lawyer, had admitted that it was impossible to go ahead with the umrah trip without additional funds. He claimed that there were several options for him, including contributing his own money and finding a sponsor.
However, the prosecutors highlighted that he was a bankrupt at the time and facing financial difficulties.
During the trial, Suwandi claimed that the main or intended sponsor for Pump 2015 was a person named "Pengiran", whom he had purportedly met in Labuan, Malaysia.
But the prosecutors said that Suwandi failed to provide any credible evidence to support any such arrangement with the individual.
The sole document he presented to support his claim was an e-mail dated Oct 12, 2015, between him and "Pengiran Dato Haji Badaruddin".
However, neither Pump 2015 nor the sponsorship was mentioned in the e-mail, the court heard.
