MOHD IDHAM BIN MOKHTAR

MOHD IDHAM BIN MOKHTAR

Court held prosecution failed to prove essential ingredients of the charged offences: no evidence of voluntary acceptance or obtaining by accused, no proof accused knew donors had connection to his official functions, and PW12's credit was materially impeached rendering his evidence worthless; on maximum evaluation there was no prima facie case and accused was acquitted and discharged.

Citation
JA-61R-24-12/2021 (Mahkamah Sesyen)
Parties
Appellant: Public Prosecutor; Respondent: Mohd Idham bin Mokhtar
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
25 November 2025
Case Number
JA-61R-24-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (sessions Court; Macc/penal Offences) / Acquittal and Discharge at Close of Prosecution's Case; Prosecution Filed Appeal to High Court
Outcome
Accused acquitted and discharged on all charges.
Legal Topics
Section 165 Penal Code (accepting Valuable Thing), Section 17(a) MACC Act 2009 (corruptly Obtaining Gratification), Impeachment of Witness Credit Under Evidence Act 1950 S155, Prima Facie Evaluation at Close of Prosecution's Case, Admissibility of MACC Documents (s41 A)
Source Language
Malay/English
Criminal Law Anti‑corruption Law Evidence Law Section 165 Penal Code (accepting Valuable Thing) Section 17(a) MACC Act 2009 (corruptly Obtaining Gratification) Impeachment of Witness Credit Under Evidence Act 1950 S155 Prima Facie Evaluation at Close of Prosecution's Case Admissibility of MACC Documents (s41 A)

Case Brief

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Parties

Public Prosecutor

Appellant

Mohd Idham bin Mokhtar

Respondent

Procedural Posture

Criminal (sessions Court; Macc/penal Offences) / Acquittal and Discharge at Close of Prosecution's Case; Prosecution Filed Appeal to High Court

Legal Issues

  1. 1 Whether prosecution proved ingredients of offence under s165 Penal Code (9,000 RM)
  2. 2 Whether prosecution proved ingredients of offence under s17(a) MACC Act (13,000 RM)
  3. 3 Whether the accused 'accepted' or 'obtained' or merely 'received' the monies

Ratio Decidendi

Court held prosecution failed to prove essential ingredients of the charged offences: no evidence of voluntary acceptance or obtaining by accused, no proof accused knew donors had connection to his official functions, and PW12's credit was materially impeached rendering his evidence worthless; on maximum evaluation there was no prima facie case and accused was acquitted and discharged.

Court Disposition

Accused acquitted and discharged on all charges.

Orders

  • Accused acquitted and discharged on all charges.