Mohamad Fauzi Bin Ahmad [ ]

Mohamad Fauzi Bin Ahmad [ ]

The appeal is dismissed and convictions and sentences on seven counts under s23(1) and s17(b) ASPRM 2009 are upheld because the prosecution proved the essential elements beyond reasonable doubt and the accused failed to rebut the statutory presumption under s50(1) on the balance of probabilities; the Sessions Court was correct to call defence and to accept trial findings; the prosecution's cross-appeal is dismissed and the acquittals on counts 3, 6, 7, 8 and 9 are maintained because the defence produced credible explanations (political donations/post hoc payments) sufficient to create reasonable doubt and rebut the presumption for those counts.

Citation
BA-42(R)(A)-4-01/2021 (Mahkamah Tinggi)
Parties
Appellant/accused/respondent (cross Appeal Respondent): Mohamad Fauzi bin Ahmad; Respondent/prosecution/cross Appellant: Pendakwa Raya
Court
R
Jurisdiction
Malaysia
Judgment Date
13 October 2022
Case Number
BA-42(R)(A)-4-01/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (rayuan Jenayah) / Judgment on Appeal (high Court Review of Sessions Court Conviction and Cross Appeal)
Outcome
appeal dismissed; convictions and sentences on specified counts upheld; prosecution cross-appeal dismissed; acquittals maintained
Legal Topics
Section 23(1) ASPRM 2009, Section 17(b) ASPRM 2009, Section 50(1) ASPRM 2009 (statutory Presumption), Burden of Proof and Reversal on Calling Defence, Abuse of Public Office, Definition of Suapan (gratification), Conflict of Interest/disclosure Obligations
Source Language
Malay/English
Criminal Law Anti Corruption Law Appellate Procedure Administrative Law Section 23(1) ASPRM 2009 Section 17(b) ASPRM 2009 Section 50(1) ASPRM 2009 (statutory Presumption) Burden of Proof and Reversal on Calling Defence +3 more

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Parties

Mohamad Fauzi bin Ahmad

Appellant/accused/respondent (cross Appeal Respondent)

Pendakwa Raya

Respondent/prosecution/cross Appellant

Procedural Posture

Criminal Appeal (rayuan Jenayah) / Judgment on Appeal (high Court Review of Sessions Court Conviction and Cross Appeal)

Legal Issues

  1. 1 Whether the prosecution proved elements of offences under s23(1) and s17(b) ASPRM 2009 beyond reasonable doubt
  2. 2 Whether the statutory presumption under s50(1) ASPRM 2009 applied and whether appellant successfully rebutted it
  3. 3 Whether the Sessions Court was correct to call upon the accused to enter his defence

Ratio Decidendi

The appeal is dismissed and convictions and sentences on seven counts under s23(1) and s17(b) ASPRM 2009 are upheld because the prosecution proved the essential elements beyond reasonable doubt and the accused failed to rebut the statutory presumption under s50(1) on the balance of probabilities; the Sessions Court was correct to call defence and to accept trial findings; the prosecution's cross-appeal is dismissed and the acquittals on counts 3, 6, 7, 8 and 9 are maintained because the defence produced credible explanations (political donations/post hoc payments) sufficient to create reasonable doubt and rebut the presumption for those counts.

Court Disposition

appeal dismissed; convictions and sentences on specified counts upheld; prosecution cross-appeal dismissed; acquittals maintained

Orders

  • Appeal by Mohamad Fauzi bin Ahmad dismissed
  • Convictions on seven counts under Section 23(1) and Section 17(b) Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009 (Akta 694) upheld