PUTRAJAYA: The Court of Appeal has put aside a four-year jail sentence and RM117,000 tremendous on a Wildlife and National Parks Department (Perhilitan) officer from Peninsular Malaysia, who was beforehand convicted on costs of submitting false claims.
A 3-member bench led by Justice Datuk Vazeer Alam Mydin Meera unanimously discovered the ultimate enchantment by Abu Zahrim Ismail, 48, had advantage and the statutory presumption below Section 50 of the Malaysian Anti-Corruption Commission (MACC) Act had no software to the actual fact of the case.
“The Deputy Public Prosecutor urged the court to order a retrial. We find that such an order will cause injustice and grave prejudice to the appellant (Abu Zahrim).
“Hence, the appeal by the appellant is allowed and the orders of the Sessions Court and High Court set aside,” mentioned Justice Vazeer Alam who sat along with Justices Datuk Supang Lian and Datuk Seri Mariana Yahya on Monday (Jan 17).
Justice Vazeer Alam additionally ordered the appellant be acquitted and discharged from the cost and the tremendous paid and bail to be refunded to Abu Zahrim, who has been suspended from service since 2013.
The decide additional mentioned that the Sessions Court in ruling {that a} prima facie case had been established and upon invoking Section 50, had imposed a better burden on the appellant, leading to critical prejudice to the appellant which warranted the appellate courtroom’s intervention.
The courtroom additionally held that the imposition of obligation on the appellant to provide a proof to the cost in opposition to him was past what the regulation requires.
“The law merely requires the appellant to raise a reasonable doubt,” mentioned Justice Vazeer Alam.
During the proceedings, Abu Zahrim was represented by counsel Hisyam Teh Poh Teik and M. Athimulan whereas Deputy Public Prosecutor Wong Poi Yoke appeared for the prosecution.
On Aug 27, 2018, Abu Zahrim was sentenced to 4 years’ jail and fined RM117,000 or 10 months’ jail in default by the Kuantan Sessions Court after he was discovered responsible of submitting false claims. The verdict was upheld by the Kuantan High Court on May 10, 2019.
The Sessions Court dominated that Abu Zahrim was responsible of submitting false claims over the acquisition of 28 items of Deuter 75 litre baggage and 60 items of Dry Pack 30-litre baggage.
He was accused of deceiving his director-general over the provision of the litre baggage price RM23,400, utilizing the corporate identify, Baraplas Kreatif Enterprise, on the Taman Negara Perhilitan Enforcement Office in Jerantut on Nov 28, 2013.
Abu Zahrim was charged below Section 18 of the MACC Act 2009, and sentenced below Section 24 of the identical act that carries a most of 20 years’ imprisonment and RM10,000 tremendous or a tremendous of 5 instances the sum concerned, upon conviction. – Bernama
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