MOHD SHAHIR BIN AHMAD DEWI

MOHD SHAHIR BIN AHMAD DEWI

Convictions of First, Second and Fourth Appellants affirmed because prosecution proved solicitation (RM7,000) and obtaining (RM1,600) beyond reasonable doubt, witnesses credible, statutory presumption under s.50 MACC Act 2009 not rebutted by mere denials, and their individual acts (solicitation, threats, facilitation and handling of money) established participation and common intention; Second Appellant guilty of attempted obtaining (RM1,400) because his conduct went beyond preparation; Third Appellant acquitted because prosecution produced no evidence of any act or statement by him facilitating or promoting the corrupt acts and key witnesses and investigator conceded absence of such...

Citation
JA-42R(A)-6-03/2025 (Mahkamah Tinggi)
Parties
Appellant: Mohamad Zulhisham bin Zulkafli; Appellant: Mohd Shahir bin Ahmad Dewi; Appellant: Muhammad Azim bin Muhamad Adnan; Appellant: Mohamed Syukur bin Gulam Mohamed; Respondent: Public Prosecutor
Court
A
Jurisdiction
Malaysia
Judgment Date
9 January 2026
Case Number
JA-42R(A)-6-03/2025 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (rehearing) Under Section 316 CPC / Full Grounds of Judgment and Disposal on Appeal (judgment Delivered 16 March 2026)
Outcome
Appeals dismissed in respect of First, Second and Fourth Appellants; convictions and sentences affirmed; Third Appellant appeals allowed, convictions on First and Second Charges set aside, acquitted and discharged.
Legal Topics
Common Intention Under S.34 Penal Code, Statutory Presumption S.50 MACC Act 2009, Soliciting and Obtaining Gratification S.16/17 MACC Act 2009, Attempt to Obtain, Admissibility of Recordings, Sentence and Totality Principle
Source Language
Malay/English
Criminal Law Anti Corruption Law Evidence Criminal Procedure Common Intention Under S.34 Penal Code Statutory Presumption S.50 MACC Act 2009 Soliciting and Obtaining Gratification S.16/17 MACC Act 2009 Attempt to Obtain +2 more

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Parties

Mohamad Zulhisham bin Zulkafli

Appellant

Mohd Shahir bin Ahmad Dewi

Appellant

Muhammad Azim bin Muhamad Adnan

Appellant

Mohamed Syukur bin Gulam Mohamed

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal (rehearing) Under Section 316 CPC / Full Grounds of Judgment and Disposal on Appeal (judgment Delivered 16 March 2026)

Legal Issues

  1. 1 Whether prosecution proved each element of offences against all four appellants
  2. 2 Whether doctrine of common intention (s.34 Penal Code) was properly applied
  3. 3 Whether Third Appellant had requisite participation to be liable under s.34

Ratio Decidendi

Convictions of First, Second and Fourth Appellants affirmed because prosecution proved solicitation (RM7,000) and obtaining (RM1,600) beyond reasonable doubt, witnesses credible, statutory presumption under s.50 MACC Act 2009 not rebutted by mere denials, and their individual acts (solicitation, threats, facilitation and handling of money) established participation and common intention; Second Appellant guilty of attempted obtaining (RM1,400) because his conduct went beyond preparation; Third Appellant acquitted because prosecution produced no evidence of any act or statement by him facilitating or promoting the corrupt acts and key witnesses and investigator conceded absence of such...

Court Disposition

Appeals dismissed in respect of First, Second and Fourth Appellants; convictions and sentences affirmed; Third Appellant appeals allowed, convictions on First and Second Charges set aside, acquitted and discharged.

Orders

  • First Appellant Mohamad Zulhisham bin Zulkafli: appeals dismissed; convictions under s.16(a)(B) MACC Act 2009 read with s.34 Penal Code and s.17(a) read with s.34 Penal Code affirmed; Sessions Court sentences of 13.2.2025 affirmed.
  • Second Appellant Mohd Shahir bin Ahmad Dewi: appeals dismissed; convictions on First, Second and Third Charges (s.16/17 MACC Act 2009 read with s.34 Penal Code and s.17(a) MACC Act) affirmed; Sessions Court sentences of 13.2.2025 affirmed.