RANTAI A/K GILING

RANTAI A/K GILING

The Court found serious and material gaps in the chain of evidence regarding the trap money (conflicting account of denominations, lack of identification/seal on envelope, failure of key trap witness SP5 to identify exhibits in court) and significant concerns about reliance on interested witnesses without adequate corroboration; coupled with failure to prove solicitation and corrupt purpose beyond reasonable doubt, these defects entitled the accused to benefit of doubt and required quashing of conviction and release.

Citation
BA-42(R)(A)-10-12/2018 (Mahkamah Tinggi)
Parties
Appellant: Pendakwa Raya; Respondent: Rantai a/k Giling
Court
R
Jurisdiction
Malaysia
Judgment Date
28 September 2021
Case Number
BA-42(R)(A)-10-12/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (anti‑corruption) / Court of Appeal Judgment on Appeal From Sessions Court Conviction
Outcome
Appeal allowed in favour of appellant? No — conviction quashed on grounds of insufficient and inconsistent evidence; respondent acquitted and released.
Legal Topics
Bribery (section 17 MACC Act 2009), Chain of Custody of Trap Money, Corroboration of Accomplice/trap Witness, Interpretation of 'accept' and Solicitation, Burden of Proof and Benefit of Doubt
Source Language
Malay/English
Criminal Law Anti‑corruption Law Evidence Bribery (section 17 MACC Act 2009) Chain of Custody of Trap Money Corroboration of Accomplice/trap Witness Interpretation of 'accept' and Solicitation Burden of Proof and Benefit of Doubt

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Parties

Pendakwa Raya

Appellant

Rantai a/k Giling

Respondent

Procedural Posture

Criminal Appeal (anti‑corruption) / Court of Appeal Judgment on Appeal From Sessions Court Conviction

Legal Issues

  1. 1 Whether prosecution proved that accused solicited or agreed to accept gratification
  2. 2 Whether prosecution proved purpose of the gratification (corrupt motive)
  3. 3 Whether there was continuity and integrity in the chain of evidence for the trap money (denomination, marking, seizure)

Ratio Decidendi

The Court found serious and material gaps in the chain of evidence regarding the trap money (conflicting account of denominations, lack of identification/seal on envelope, failure of key trap witness SP5 to identify exhibits in court) and significant concerns about reliance on interested witnesses without adequate corroboration; coupled with failure to prove solicitation and corrupt purpose beyond reasonable doubt, these defects entitled the accused to benefit of doubt and required quashing of conviction and release.

Court Disposition

Appeal allowed in favour of appellant? No — conviction quashed on grounds of insufficient and inconsistent evidence; respondent acquitted and released.

Orders

  • Conviction and sentence dated 13 December 2018 set aside
  • Respondent (Rantai a/k Giling) acquitted, released and discharged