KUALA LUMPUR: Datuk Abdul Latif Abdul Rahim has been granted a full acquittal by the High Court from two charges of abetting his youthful brother, Baling MP Datuk Seri Abdul Azeez, referring to allegations of bribery involving freeway building tasks and highway upgrades in Perak and Kedah.
In his choice, Justice Collin Lawrence Sequerah mentioned the court docket was empowered underneath Section 254(3) of the Criminal Procedure Code to train its discretionary energy relating to a discharge amounting to an acquittal.
“The trend of cases showed that unless there are good reasons given, the order granted should be a discharge amounting to an acquittal,” he mentioned right here on Wednesday (Jan 19).
The respondents, Justice Sequerah mentioned, had cited two the reason why the applicant shouldn’t be granted a full acquittal – that the applicant can be a prosecution witness in Abdul Azeez’s case and that if there have been any developments within the proof given, the case towards the applicant would resume.
“The reason that the applicant is to be a witness against the other accused will open the possibility of the applicant being effectively held to ransom to testify favourably to the prosecution,” he mentioned.
Justice Sequerah mentioned such a state of affairs would open the likelihood of Abdul Latif’s proof being attacked and subsequently be considered “tainted”.
As for the likelihood of the case towards Abdul Latif resuming, Justice Sequerah mentioned there was nothing forthcoming to point out that the prosecution will proceed with the case definitively, and this was akin to the applicant having an indefinite future.
Both causes, in response to the choose, weren’t correct causes to grant a discharge not amounting to an acquittal towards the applicant.
“This revision is allowed. The order of the learned Sessions Court judge is hereby set aside.
“The order is for the applicant to be given a discharge amounting to an acquittal,” he mentioned.
On Feb 8, final yr, a Sessions Court right here granted a discharge not amounting to an acquittal to Abdul Latif following an utility by the prosecution to drop the case towards him by making him a prosecution witness.
In September, final yr, Abdul Latif filed a revision utility towards the Sessions Court’s choice.
Abdul Azeez, 55, who can be the previous Tabung Haji chairman, is charged with three counts of accepting bribes totalling RM5.2mil in reference to highway tasks in Perak and Kedah in addition to 10 counts of cash laundering.
He is accused of committing the offence at CIMB Bank, Jalan Tun Perak in Kuala Lumpur on Dec 8, 2010, and at Affin Bank, Pusat Bandar Puchong in Selangor on June 13, 2017, and April 10, 2018, whereas the cash laundering offences had been allegedly dedicated within the Klang Valley space between March 8, 2010, and Aug 30, 2018.
His brother, Abdul Latif, 64, is accused of abetting his brother to acquire a RM4mil bribe from Mohammad Redzuan Mohanan Abdullah as gratification to assist Syarikat Menuju Asas Sdn Bhd safe highway tasks by means of restricted tender from the Works Ministry.
The challenge concerned the Pantai Baru Coastal Expressway Project, upgrading works of Federal Road FT005 (Teluk Intan to Kampung Lekir, Perak) valued at RM644,480,000.
He is accused of committing each offences at Affin Bank, Pusat Bandar Puchong in Selangor on June 13, 2017, and April 10, 2018.