1. ) MOHAMAD ZULHISHAM BIN ZULKAFLI 2. ) Mohd Shahir Bin Ahmad Dewi - Dalam Jaminan 3. ) MUHAMMAD AZIM BIN MUHAMAD ADNAN 4. ) MOHAMED SYUKUR BIN GULAM MOHAMED

1. ) MOHAMAD ZULHISHAM BIN ZULKAFLI 2. ) Mohd Shahir Bin Ahmad Dewi - Dalam Jaminan 3. ) MUHAMMAD AZIM BIN MUHAMAD ADNAN 4. ) MOHAMED SYUKUR BIN GULAM MOHAMED

Court held prosecution proved all elements of offences: first accused solicited RM7,000 and all accused acted in furtherance of common intention; RM1,600 was corruptly obtained and second accused attempted to obtain RM1,400; recorded conversation admissible as not intercepted; statutory presumption under s50(1) applied and was not rebutted on balance of probabilities; convictions entered and concurrent sentences imposed.

Citation
JA-61R-19-07/2020 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Accused: Mohamad Zulhisham bin Zulkafli; Accused: Mohd Shahir bin Ahmad Dewi; Accused: Muhammad Azim bin Muhamad Adnan; Accused: Mohamed Syukur bin Gulam Mohamed
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
13 February 2025
Case Number
JA-61R-19-07/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal / Conviction and Sentencing at Sessions Court; Appeal to High Court Pending
Outcome
All accused convicted and sentenced by Sessions Court; appeals to High Court noted
Legal Topics
Solicitation of Bribe, Obtaining Gratification, Attempted Bribery, Common Intention (s34 Penal Code), Statutory Presumption (s50 MACC Act), Admissibility of Recorded Conversations, Sentencing and One Transaction Rule
Source Language
Malay/English
Criminal Law Anti Corruption Law Evidence Law Police Procedure Solicitation of Bribe Obtaining Gratification Attempted Bribery Common Intention (s34 Penal Code) +3 more

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Parties

Public Prosecutor

Prosecution

Mohamad Zulhisham bin Zulkafli

Accused

Mohd Shahir bin Ahmad Dewi

Accused

Muhammad Azim bin Muhamad Adnan

Accused

Mohamed Syukur bin Gulam Mohamed

Accused

Procedural Posture

Criminal / Conviction and Sentencing at Sessions Court; Appeal to High Court Pending

Legal Issues

  1. 1 Whether prosecution proved elements of offences under ss16 and 17 MACC Act
  2. 2 Whether recorded telephone conversation admissible absent formal s43 authorization
  3. 3 Whether statutory presumption under s50(1) arises and whether accused rebutted it on balance of probabilities

Ratio Decidendi

Court held prosecution proved all elements of offences: first accused solicited RM7,000 and all accused acted in furtherance of common intention; RM1,600 was corruptly obtained and second accused attempted to obtain RM1,400; recorded conversation admissible as not intercepted; statutory presumption under s50(1) applied and was not rebutted on balance of probabilities; convictions entered and concurrent sentences imposed.

Court Disposition

All accused convicted and sentenced by Sessions Court; appeals to High Court noted

Orders

  • All accused convicted on first charge (JA-61R-19-07/2020) and each sentenced to 4 years imprisonment from date of sentence and fined RM40,000.00 (default 12 months imprisonment).
  • All accused convicted on second charge (JA-61R-20-07/2020) and each sentenced to 4 years imprisonment concurrent with sentence for first charge and fined RM10,000.00 (default 3 months imprisonment).