KUNASEGARAN A/L RAGAVANAIDU

KUNASEGARAN A/L RAGAVANAIDU

Appeal allowed in part: convictions on Counts 1 and 2 quashed because prosecution failed to prove a coherent prima facie case in view of materially inconsistent versions given by the key witness, rendering him not credible; alternative charge under section 165 Penal Code was proven and conviction on that count is...

Source-derived case information.

Citation
42(R)(A)-5-07/2018 (Mahkamah Tinggi)
Parties
Appellant: Kunaseegaran a/l Ragavanaidu; Respondent: Pendaftar/Pendakwa Raya (Suruhanjaya Pencegahan Rasuah Malaysia)
Court
R
Jurisdiction
Malaysia
Judgment Date
25 October 2019
Case Number
42(R)(A)-5-07/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (appeal From Sessions Court) / High Court Judgment on Appeal
Outcome
Appeal allowed in part; convictions on charge one and two quashed; conviction on alternative count under section 165 Penal Code upheld.
Legal Topics
Bribery, Corruption, Abuse of Public Office, Witness Credibility, Prima Facie Case, Sentencing
Criminal Law Anti Corruption Law Evidence Law Administrative Law Bribery Corruption Abuse of Public Office Witness Credibility +2 more

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Parties

Kunaseegaran a/l Ragavanaidu

Appellant

Pendaftar/Pendakwa Raya (Suruhanjaya Pencegahan Rasuah Malaysia)

Respondent

Procedural Posture

Criminal Appeal (appeal From Sessions Court) / High Court Judgment on Appeal

  1. 1 Whether prosecution proved prima facie case for counts under sections 16(a)(A) and 17(a) MACC Act 2009
  2. 2 Whether receipt of RM700,000 constituted offence under section 165 Penal Code
  3. 3 Proper timing and assessment of witness credibility by trial judge

Ratio Decidendi

Appeal allowed in part: convictions on Counts 1 and 2 quashed because prosecution failed to prove a coherent prima facie case in view of materially inconsistent versions given by the key witness, rendering him not credible; alternative charge under section 165 Penal Code was proven and conviction on that count is sustained with sentence imposed (18 months imprisonment from date of arrest and fine RM300,000 with default two years imprisonment).

Court Disposition

Appeal allowed in part; convictions on charge one and two quashed; conviction on alternative count under section 165 Penal Code upheld.

Orders

  • Convictions and sentences on Count One (section 16(a)(A) MACC Act 2009) quashed.
  • Convictions and sentences on Count Two (section 17(a) MACC Act 2009) quashed.