PENDAKWARAYA Pendakwaraya Tengku Adnan bin Tengku Mansor

PENDAKWARAYA Pendakwaraya Tengku Adnan bin Tengku Mansor

The prosecution proved beyond reasonable doubt each element of section 165 Penal Code: the accused was a public servant; he accepted RM2,000,000 credited into Tadmansori (a company he controlled) for his benefit without consideration; he knew the donor had connections with his official functions; the UMNO receipt was unreliable and no payment to UMNO was traced; therefore the accused is guilty under s165 PC.

Citation
WA-45-1-01/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Tengku Adnan bin Tengku Mansor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 December 2020
Case Number
WA-45-1-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment (high Court Trial Concluded)
Outcome
Guilty - convicted under section 165 Penal Code
Legal Topics
Section 165 Penal Code, Admissibility of Documentary Evidence, Political Donations Vs. Personal Receipt, Disclosure Obligations Under MACC Act, In Camera Proceedings, Sentencing Principles
Source Language
Malay/English
Criminal Law Anti Corruption Law Evidence Administrative Law Public Law Section 165 Penal Code Admissibility of Documentary Evidence Political Donations Vs. Personal Receipt +3 more

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Parties

Public Prosecutor

Prosecutor

Tengku Adnan bin Tengku Mansor

Accused

Procedural Posture

Criminal / Judgment (high Court Trial Concluded)

Legal Issues

  1. 1 Whether the accused accepted RM2,000,000 for himself or as a political donation to UMNO
  2. 2 Admissibility and weight of the UMNO receipt and receipt books
  3. 3 Whether the prosecution made out a prima facie case under section 165 Penal Code and relevant CPC provisions

Ratio Decidendi

The prosecution proved beyond reasonable doubt each element of section 165 Penal Code: the accused was a public servant; he accepted RM2,000,000 credited into Tadmansori (a company he controlled) for his benefit without consideration; he knew the donor had connections with his official functions; the UMNO receipt was unreliable and no payment to UMNO was traced; therefore the accused is guilty under s165 PC.

Court Disposition

Guilty - convicted under section 165 Penal Code

Orders

  • Accused sentenced to 12 months imprisonment starting from date of judgment
  • Fine of RM2000000.00 imposed; in default of payment, additional 6 months imprisonment