MOHD FAISAL BIN ISHAK

MOHD FAISAL BIN ISHAK

High Court held that the Sessions Court in Kuala Lumpur lacked territorial jurisdiction because the criminal acts central to section 18 occurred in Seremban (handing of false invoices on 24.11.2013) and the charge alleging commission in Putrajaya on 25.11.2013 was defective; accordingly convictions of Ahmad Fauzi were quashed. The Court also held that the prosecution failed to prove Mohd Faisal’s active direction or substantial assistance beyond reliance on SP20’s testimony and minute records were absent, so his acquittal was properly maintained.

Citation
WA-42(R)(A)-1-02/2022 (Mahkamah Tinggi)
Parties
Appellant (accused): Ahmad Fauzi bin Abdul Samad; Respondent (prosecution): Pendakwa Raya (Suruhanjaya Pencegahan Rasuah Malaysia); Respondent (accused): Mohd Faisal bin Ishak
Court
R
Jurisdiction
Malaysia
Judgment Date
23 January 2024
Case Number
WA-42(R)(A)-1-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal From Sessions Court / High Court Appeal (judgment)
Outcome
Appeal allowed in part: appellant Ahmad Fauzi's convictions quashed; prosecution's appeal dismissed and acquittal of Mohd Faisal upheld
Legal Topics
Section 18 MACC Act 2009, Territorial Jurisdiction, Defective Charge/particulars, Acquittal and Sufficiency of Evidence, Substantive Elements of Fraud/deception
Source Language
Malay/English
Criminal Law Anti Corruption Law Procedural Law Jurisdiction Section 18 MACC Act 2009 Territorial Jurisdiction Defective Charge/particulars Acquittal and Sufficiency of Evidence +1 more

Case Brief

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Parties

Ahmad Fauzi bin Abdul Samad

Appellant (accused)

Pendakwa Raya (Suruhanjaya Pencegahan Rasuah Malaysia)

Respondent (prosecution)

Mohd Faisal bin Ishak

Respondent (accused)

Procedural Posture

Criminal Appeal From Sessions Court / High Court Appeal (judgment)

Legal Issues

  1. 1 Whether Sessions Court Kuala Lumpur had territorial jurisdiction to try offences alleged to have occurred in Seremban/Putrajaya
  2. 2 Whether the charges were defective as to date and place (particularity)
  3. 3 Whether the offence under section 18 MACC Act 2009 is complete upon handing document to agent or only when principal is deceived

Ratio Decidendi

High Court held that the Sessions Court in Kuala Lumpur lacked territorial jurisdiction because the criminal acts central to section 18 occurred in Seremban (handing of false invoices on 24.11.2013) and the charge alleging commission in Putrajaya on 25.11.2013 was defective; accordingly convictions of Ahmad Fauzi were quashed. The Court also held that the prosecution failed to prove Mohd Faisal’s active direction or substantial assistance beyond reliance on SP20’s testimony and minute records were absent, so his acquittal was properly maintained.

Court Disposition

Appeal allowed in part: appellant Ahmad Fauzi's convictions quashed; prosecution's appeal dismissed and acquittal of Mohd Faisal upheld

Orders

  • Quash the convictions and sentences of Ahmad Fauzi bin Abdul Samad on the four charges under section 18 MACC Act 2009 and order his release and discharge from those charges
  • Dismiss the prosecution's appeal against the acquittal and discharge of Mohd Faisal bin Ishak and affirm the order of the Sessions Court