MOHD ROSLAN BIN ZAKARIA

MOHD ROSLAN BIN ZAKARIA

Prosecution proved both statutory ingredients on maximal evaluation; s23(2) presumption was properly activated because appellant had familial interest in selected suppliers; appellant failed to rebut that presumption on the balance of probabilities as his explanations were self‑serving and unsupported; therefore...

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Citation
TA-42R(A)-4-08/2024 (Mahkamah Tinggi)
Parties
Appellant: Mohd Roslan bin Zakaria; Respondent: Pendakwa Raya
Court
A
Jurisdiction
Malaysia
Judgment Date
15 December 2025
Case Number
TA-42R(A)-4-08/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Under Anti‑corruption Statute / High Court (appellate Jurisdiction) Judgment
Outcome
Appeal dismissed; convictions and sentences of Sessions Court upheld; suspension of imprisonment ordered subject to conditions
Legal Topics
Section 23 SPRM 2009 (use of Office for Gratification), Statutory Presumption Under S23(2), Burden of Proof Shift to Defence (balance of Probabilities), Credibility Assessment and Impeachment of Witnesses, Sentencing Principles in Corruption Offences, Conflict of Interest in Public Procurement
Anti‑corruption Law Criminal Law Evidence Law Administrative/procurement Law Section 23 SPRM 2009 (use of Office for Gratification) Statutory Presumption Under S23(2) Burden of Proof Shift to Defence (balance of Probabilities) Credibility Assessment and Impeachment of Witnesses +2 more

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Parties

Mohd Roslan bin Zakaria

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal Under Anti‑corruption Statute / High Court (appellate Jurisdiction) Judgment

  1. 1 Whether a prima facie case existed at close of prosecution case
  2. 2 Whether the appellant rebutted the statutory presumption under s23(2) on a balance of probabilities
  3. 3 Whether the sentence imposed was excessive or manifestly harsh

Ratio Decidendi

Prosecution proved both statutory ingredients on maximal evaluation; s23(2) presumption was properly activated because appellant had familial interest in selected suppliers; appellant failed to rebut that presumption on the balance of probabilities as his explanations were self‑serving and unsupported; therefore convictions under s23(1) and sentences imposed by Sessions Court are lawful and must be upheld.

Court Disposition

Appeal dismissed; convictions and sentences of Sessions Court upheld; suspension of imprisonment ordered subject to conditions

Orders

  • Appeal against conviction for three counts under s23(1) SPRM Act 2009 is dismissed
  • Appeal against sentence is dismissed and Sessions Court convictions and sentences dated 18 August 2024 are affirmed