1) SHAMSUDIN BIN ABAS 2) SYED MOHD BAKKRI BIN SYED ISMAIL

1) SHAMSUDIN BIN ABAS 2) SYED MOHD BAKKRI BIN SYED ISMAIL

The marked trap money established an unbroken chain from MACC to SP3 to the First Appellant; the presumption under s50 MACC arose and the appellants failed to rebut it on the balance of probabilities; corroborative testimony from MACC officers and discovery of marked RM500 in the Ford linked the appellants to corrupt receipt and showed common intention under s34; absence of fingerprints did not undermine this chain; accordingly convictions and sentences were upheld.

Citation
PA-42S(A)-2-11/2018 (Mahkamah Tinggi)
Parties
Appellant: Shamsudin bin Abas; Appellant: Syed Mohd Bakkri bin Syed Ismail; Respondent: Public Prosecutor
Court
A
Jurisdiction
Malaysia
Judgment Date
1 July 2020
Case Number
PA-42S(A)-2-11/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Final Judgment (appeal Dismissed)
Outcome
Appeals dismissed; convictions and sentences affirmed
Legal Topics
Corruption, Bribery, Presumption of Corruption (s50 Macc), Trap Witness Vs Accomplice, Common Intention (s34 Penal Code), Appellate Review of Factual Findings, Evidence Corroboration
Source Language
Malay/English
Criminal Law Anti Corruption Law Evidence Law Police Misconduct Corruption Bribery Presumption of Corruption (s50 Macc) Trap Witness Vs Accomplice +3 more

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Parties

Shamsudin bin Abas

Appellant

Syed Mohd Bakkri bin Syed Ismail

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Final Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether presumption under s50 of the MACC Act was rebutted
  2. 2 Whether presumption under Evidence Act s114 illustration (g) was wrongly applied
  3. 3 Whether RM500 was planted or lawfully received

Ratio Decidendi

The marked trap money established an unbroken chain from MACC to SP3 to the First Appellant; the presumption under s50 MACC arose and the appellants failed to rebut it on the balance of probabilities; corroborative testimony from MACC officers and discovery of marked RM500 in the Ford linked the appellants to corrupt receipt and showed common intention under s34; absence of fingerprints did not undermine this chain; accordingly convictions and sentences were upheld.

Court Disposition

Appeals dismissed; convictions and sentences affirmed

Orders

  • Appeals by both appellants dismissed
  • Convictions on both charges under MACC Act sections 16(a)(B) and 17(a) read with Penal Code s34 and punishable under MACC Act s24 are affirmed