OTHMAN BIN DARUS

OTHMAN BIN DARUS

Trial court rightly found the appellant a public officer who received RM10,800 by bank transfers as inducements to refrain from enforcement; SP11's testimony was credible and corroborated by independent bank records; section 50 presumption applied and the appellant failed to rebut it; investigative lapses did not render the prosecution case unsafe; conviction and sentence were therefore affirmed.

Citation
PB-42R(A)-1-05/2025 (Mahkamah Tinggi)
Parties
Appellant: Othman bin Darus; Respondent: Pendakwa Raya
Court
A
Jurisdiction
Malaysia
Judgment Date
5 February 2026
Case Number
PB-42R(A)-1-05/2025 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (bribery) / Appeal to High Court (rehearing Under Section 316 Kanun Tatacara Jenayah)
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Bribery, Statutory Presumption (section 50 MACC Act), Accomplice Evidence (section 52 MACC Act), Investigation Defects, Sentence Review
Source Language
Malay/English
Criminal Law Anti Corruption Law Evidence Law Bribery Statutory Presumption (section 50 MACC Act) Accomplice Evidence (section 52 MACC Act) Investigation Defects Sentence Review

Case Brief

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Parties

Othman bin Darus

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (bribery) / Appeal to High Court (rehearing Under Section 316 Kanun Tatacara Jenayah)

Legal Issues

  1. 1 Whether the witness SP11 is an accomplice requiring corroboration
  2. 2 Whether prosecution proved elements under section 16(a)(B) of the MACC Act 2009
  3. 3 Whether the statutory presumption under section 50 MACC Act applies

Ratio Decidendi

Trial court rightly found the appellant a public officer who received RM10,800 by bank transfers as inducements to refrain from enforcement; SP11's testimony was credible and corroborated by independent bank records; section 50 presumption applied and the appellant failed to rebut it; investigative lapses did not render the prosecution case unsafe; conviction and sentence were therefore affirmed.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Convictions under the nine charges affirmed