ZULKIFLY BIN ABD ZA'PAR

ZULKIFLY BIN ABD ZA'PAR

The prosecution established beyond reasonable doubt that the accused, an immigration officer, corruptly solicited and thereafter received recurrent monetary gratifications as inducements to forbear enforcement against employers of illegal foreign workers; statutory presumption under s50(1) applied and the accused failed to rebut it on the balance of probabilities, therefore conviction under s16(a)(B) and sentencing under s24 followed.

Citation
JA-61R-2-01/2021 (Mahkamah Sesyen)
Parties
Accused: Zulkifly bin Abd Za’par; Prosecution: Public Prosecutor
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 October 2025
Case Number
JA-61R-2-01/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Conviction in Sessions Court; Appeal to High Court Pending
Outcome
Convicted on 19 charges (all charges except the 19th amended charge)
Legal Topics
Bribery, Solicitation, Receiving Gratification, Statutory Presumption (s50), Sentencing
Source Language
Malay/English
Criminal Law Anti‑corruption Immigration Law Evidence Law Procedure Bribery Solicitation Receiving Gratification +2 more

Case Brief

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Parties

Zulkifly bin Abd Za’par

Accused

Public Prosecutor

Prosecution

Procedural Posture

Criminal / Conviction in Sessions Court; Appeal to High Court Pending

Legal Issues

  1. 1 Whether accused corruptly solicited gratification under s16(a)(B) MACC Act 2009
  2. 2 Whether accused corruptly received gratification under s16(a)(B) MACC Act 2009
  3. 3 Whether gratification constituted inducement to forbear enforcement against companies employing illegal workers

Ratio Decidendi

The prosecution established beyond reasonable doubt that the accused, an immigration officer, corruptly solicited and thereafter received recurrent monetary gratifications as inducements to forbear enforcement against employers of illegal foreign workers; statutory presumption under s50(1) applied and the accused failed to rebut it on the balance of probabilities, therefore conviction under s16(a)(B) and sentencing under s24 followed.

Court Disposition

Convicted on 19 charges (all charges except the 19th amended charge)

Orders

  • Sentenced to 4 years imprisonment from date of sentence for each offence
  • Fined RM20000 for each offence (in default 3 months imprisonment)