Zamzuri bin Abdul Ghaffar

Zamzuri bin Abdul Ghaffar

The court found that although the element of accepting the RM50,000 trap payment was not proven to disturb the Sessions Court's finding, the evidence (primarily SP15's testimony corroborated by SP5, SP6 and documentary material) established beyond reasonable doubt on assessment that the respondent corruptly solicited gratification up to RM1,800,000; accordingly the court applied the s.50 presumption and lawfully amended the charge to soliciting gratification and called the respondent to enter his defence.

Citation
BA-42R-6-09/2021 (Mahkamah Tinggi)
Parties
Appellant / Prosecutor: Pendakwa Raya; Respondent / Accused: Zamzuri bin Abdul Ghaffar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 December 2022
Case Number
BA-42R-6-09/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Acquittal; High Court Allowed Prosecution's Appeal, Amended Charge to Soliciting Gratification and Called Respondent to Defend; Respondent Has Appealed to the Court of Appeal
Outcome
High Court allowed the prosecution's appeal in part; original finding on acceptance of RM50,000 not disturbed but the charge was amended to solicitation of gratification up to RM1,800,000 and the respondent was called to defend.
Legal Topics
Soliciting Gratification, Section 16 MACC Act 2009, Section 50 Presumption, Charge Amendment, Burden of Proof
Source Language
Malay/English
Criminal Law Corruption / Anti‑corruption Law Evidence Soliciting Gratification Section 16 MACC Act 2009 Section 50 Presumption Charge Amendment Burden of Proof

Case Brief

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Parties

Pendakwa Raya

Appellant / Prosecutor

Zamzuri bin Abdul Ghaffar

Respondent / Accused

Procedural Posture

Criminal Appeal / Appeal Against Acquittal; High Court Allowed Prosecution's Appeal, Amended Charge to Soliciting Gratification and Called Respondent to Defend; Respondent Has Appealed to the Court of Appeal

Legal Issues

  1. 1 Whether acceptance of RM50,000 as a bribe was proved
  2. 2 Whether evidence established that respondent solicited gratification up to RM1,800,000
  3. 3 Whether the presumption under section 50 MACC Act 2009 applies and its effect

Ratio Decidendi

The court found that although the element of accepting the RM50,000 trap payment was not proven to disturb the Sessions Court's finding, the evidence (primarily SP15's testimony corroborated by SP5, SP6 and documentary material) established beyond reasonable doubt on assessment that the respondent corruptly solicited gratification up to RM1,800,000; accordingly the court applied the s.50 presumption and lawfully amended the charge to soliciting gratification and called the respondent to enter his defence.

Court Disposition

High Court allowed the prosecution's appeal in part; original finding on acceptance of RM50,000 not disturbed but the charge was amended to solicitation of gratification up to RM1,800,000 and the respondent was called to defend.

Orders

  • Prosecution's appeal allowed in part
  • Original acquittal on acceptance of RM50,000 left undisturbed