PENDAKWARAYA ABDUL KAHAR BIN KHALID

PENDAKWARAYA ABDUL KAHAR BIN KHALID

The High Court held the trial judge correctly found a prima facie case and that the statutory presumption under s23(2) MACC Act applied; the appellant failed to rebut the presumption on the balance of probabilities, convictions on all four counts were upheld, but sentences were varied for counts 2–4 to 18 months...

Source-derived case information.

Citation
PA-42S(A)-1-01/2020 (Mahkamah Tinggi)
Parties
Appellant: Abdul Kahar bin Kalid; Respondent: Pendakwa Raya (Public Prosecutor)
Court
A
Jurisdiction
Malaysia
Judgment Date
22 June 2021
Case Number
PA-42S(A)-1-01/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Judgment on Appeal High Court (georgetown)
Outcome
Convictions on all four counts affirmed; sentences varied as to specified counts and made to run concurrently.
Legal Topics
Bribery, Conflict of Interest, Statutory Presumption, Prima Facie Case, Sentencing
Criminal Law Anti Corruption Law Administrative/procurement Law Evidence Law Appellate Review Bribery Conflict of Interest Statutory Presumption +2 more

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Parties

Abdul Kahar bin Kalid

Appellant

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal High Court (georgetown)

Legal Issues

  1. 1 Whether appellant used his public office to obtain gratification under section 23(1) and whether the statutory presumption under section 23(2) of the MACC Act 2009 applied
  2. 2 Whether the trial judge committed misdirection at the end of the prosecution by calling on the accused to make a defence and whether that amounted to miscarriage of justice
  3. 3 Whether the sentences imposed were appropriate and consistent with sentencing trends and principles

Ratio Decidendi

The High Court held the trial judge correctly found a prima facie case and that the statutory presumption under s23(2) MACC Act applied; the appellant failed to rebut the presumption on the balance of probabilities, convictions on all four counts were upheld, but sentences were varied for counts 2–4 to 18 months imprisonment (concurrent) with specified fines; trial judge's remarks alleged as misdirection were not sufficient to vitiate trial outcome.

Court Disposition

Convictions on all four counts affirmed; sentences varied as to specified counts and made to run concurrently.

Orders

  • Convictions for Pertuduhan Pertama, Kedua, Ketiga and Keempat affirmed.
  • Pertuduhan Pertama: Appeal dismissed; sentence of 12 months imprisonment and fine RM17,544.00 (in default 6 months imprisonment) upheld; custodial sentence to run from 19.4.2021.