Amir Shariffuddin Bin Abd Raub

Amir Shariffuddin Bin Abd Raub

Court found prosecution failed to prove beyond reasonable doubt that payments were corrupt gratification and that statutory presumption under s50 was rebutted by credible innocent explanations on the balance of probabilities; because predicate corruption was not established the money‑laundering charges lacked basis and the defence raised reasonable doubt; consequently all accused were properly acquitted and discharged.

Citation
JA-62R-12-06/2017 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: Amir Sharifuddin bin Abd Raub; Defendant: Abd Latif bin Bandi@Nor Sebandi; Defendant: Ahmad Fauzan Hatim bin Abd Latif
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
7 August 2022
Case Number
JA-62R-12-06/2017 (Mahkamah Sesyen)
Procedural Posture
Criminal Corruption (macc Act 2009) and Money Laundering (amla) / Judgment on Acquittal After Full Trial and Consideration of Defence Following High Court Recall to Answer (reasons for Decision)
Outcome
OKT1 (Amir Sharifuddin bin Abd Raub), OKT2 (Abd Latif bin Bandi@Nor Sebandi) and OKT3 (Ahmad Fauzan Hatim bin Abd Latif) acquitted and discharged of all charges
Legal Topics
Section 16 MACC Act 2009, Section 50 Statutory Presumption, Section 4 AMLATFPUAA (amla), Prima Facie and Calling for Defence, Rebuttal on Balance of Probabilities, Circumstantial Evidence, Influence Peddling
Source Language
Malay/English
Criminal Law Anti‑corruption Money Laundering Evidence Law Section 16 MACC Act 2009 Section 50 Statutory Presumption Section 4 AMLATFPUAA (amla) Prima Facie and Calling for Defence +3 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

Amir Sharifuddin bin Abd Raub

Defendant

Abd Latif bin Bandi@Nor Sebandi

Defendant

Ahmad Fauzan Hatim bin Abd Latif

Defendant

Procedural Posture

Criminal Corruption (macc Act 2009) and Money Laundering (amla) / Judgment on Acquittal After Full Trial and Consideration of Defence Following High Court Recall to Answer (reasons for Decision)

Legal Issues

  1. 1 Whether statutory presumption under s50 MACC Act arises and whether accused rebutted it
  2. 2 Whether prosecution proved a prima facie case on corruption charges
  3. 3 Whether monies received constituted proceeds of unlawful activity for AMLA purposes

Ratio Decidendi

Court found prosecution failed to prove beyond reasonable doubt that payments were corrupt gratification and that statutory presumption under s50 was rebutted by credible innocent explanations on the balance of probabilities; because predicate corruption was not established the money‑laundering charges lacked basis and the defence raised reasonable doubt; consequently all accused were properly acquitted and discharged.

Court Disposition

OKT1 (Amir Sharifuddin bin Abd Raub), OKT2 (Abd Latif bin Bandi@Nor Sebandi) and OKT3 (Ahmad Fauzan Hatim bin Abd Latif) acquitted and discharged of all charges

Orders

  • All charges against the three accused are dismissed and they are released and discharged from the offences charged
  • Noted withdrawal of prosecution appeal against OKT2 by the prosecution