[Timbalan (TPR), Jabatan Peguam Negara] SHAIFUL AZMAN BIN TAHA

[Timbalan (TPR), Jabatan Peguam Negara] SHAIFUL AZMAN BIN TAHA

Court found prosecution proved the two basic facts — respondent was a government agent at material time and he received RM42,000 contemporaneous with issuance of certificates — thereby engaging s.50 presumption; evidence did not support the defence that payment was a bona fide purchase from a third party and the payment constituted a corrupt gratification linked to respondent's official functions; accordingly there was a prima facie case and the Sessions Court finding was set aside and the accused ordered to be called to enter his defence.

Citation
CA-42(R)(A)-5-07/2019 (Mahkamah Tinggi)
Parties
Appellant: Pendakwa Raya; Respondent: Shaiful Azman bin Taha
Court
R
Jurisdiction
Malaysia
Judgment Date
18 August 2022
Case Number
CA-42(R)(A)-5-07/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Determination of Prima Facie and Order to Call Accused to Enter Defence
Outcome
Appeal allowed; Sessions Court finding of no prima facie case set aside; respondent ordered to be called to enter defence.
Legal Topics
Bribery, Prima Facie Case, Statutory Presumptions S.50 MACC Act 2009, Admissibility of Documentary Evidence, Public Officer Misconduct
Source Language
Malay/English
Criminal Law Anti Corruption Law Evidence Law Administrative Procedure Bribery Prima Facie Case Statutory Presumptions S.50 MACC Act 2009 Admissibility of Documentary Evidence +1 more

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Parties

Pendakwa Raya

Appellant

Shaiful Azman bin Taha

Respondent

Procedural Posture

Criminal Appeal / Determination of Prima Facie and Order to Call Accused to Enter Defence

Legal Issues

  1. 1 Whether respondent as a government agent received RM42,000 as corrupt gratification under s.17(a) MACC Act 2009
  2. 2 Whether the prosecution established a prima facie case warranting calling the accused to enter defence
  3. 3 Whether the payment was a legitimate purchase of existing licences or a bribe to improperly procure STB/SPKK/PPK

Ratio Decidendi

Court found prosecution proved the two basic facts — respondent was a government agent at material time and he received RM42,000 contemporaneous with issuance of certificates — thereby engaging s.50 presumption; evidence did not support the defence that payment was a bona fide purchase from a third party and the payment constituted a corrupt gratification linked to respondent's official functions; accordingly there was a prima facie case and the Sessions Court finding was set aside and the accused ordered to be called to enter his defence.

Court Disposition

Appeal allowed; Sessions Court finding of no prima facie case set aside; respondent ordered to be called to enter defence.

Orders

  • Set aside the decision of the Sessions Court to discharge the respondent.
  • Order that the respondent be called to enter his defence on the charge in the Sessions Court, Kuantan.