PENDAKWARAYA Pendakwaraya (SPRM) Pulau Pinang Ambualergan A/L Visalingam

PENDAKWARAYA Pendakwaraya (SPRM) Pulau Pinang Ambualergan A/L Visalingam

The High Court upheld the Sessions Court's conviction and sentence because the prosecution proved beyond reasonable doubt that the accused, a public officer, solicited RM2,000 and accepted RM1,000 to switch a drug exhibit; the amendment of the charge under s.158 CPC was lawful and non-prejudicial; the s.50(1) presumption applied and was not rebutted on the balance of probabilities; and the sentence imposed was appropriate and not manifestly excessive.

Citation
PA-42(R)(A)-1-06/2019 (Mahkamah Tinggi)
Parties
Accused: Ambualergan Ail Visalingam; Prosecution: Public Prosecutor
Court
R
Jurisdiction
Malaysia
Judgment Date
8 November 2019
Case Number
PA-42(R)(A)-1-06/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Appeal to High Court From Sessions Court (judgment on Conviction and Sentence)
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Soliciting and Accepting Bribe, Presumption Under S.50(1) of MACC Act, Amendment of Charge Under S.158 CPC, Chain of Custody for Recorded Evidence, Appellate Review of Sentence
Source Language
Malay/English
Criminal Law Anti Corruption Law Evidence Criminal Procedure Sentencing Soliciting and Accepting Bribe Presumption Under S.50(1) of MACC Act Amendment of Charge Under S.158 CPC +2 more

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Parties

Ambualergan Ail Visalingam

Accused

Public Prosecutor

Prosecution

Procedural Posture

Criminal / Appeal to High Court From Sessions Court (judgment on Conviction and Sentence)

Legal Issues

  1. 1 Whether the accused solicited and accepted a bribe in relation to a narcotics investigation
  2. 2 Whether amendment of the charge under s.158 CPC at the end of the prosecution's case was lawful and non-prejudicial
  3. 3 Whether the statutory presumption under s.50(1) of the Malaysian Anti-Corruption Commission Act (Act 694) applied and whether it was rebutted on balance of probabilities

Ratio Decidendi

The High Court upheld the Sessions Court's conviction and sentence because the prosecution proved beyond reasonable doubt that the accused, a public officer, solicited RM2,000 and accepted RM1,000 to switch a drug exhibit; the amendment of the charge under s.158 CPC was lawful and non-prejudicial; the s.50(1) presumption applied and was not rebutted on the balance of probabilities; and the sentence imposed was appropriate and not manifestly excessive.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Conviction on both charges affirmed