Zaidi Bin Dali

Zaidi Bin Dali

Recordings were inadmissible for lack of mandatory s43(4) certificate; absence of recovery memo broke the evidential chain for the alleged RM7,000 receipt; investigatory conflicts and unexplained delay/omissions by the complainant further undermined credibility; s50(1) presumption was misapplied because foundational proof of receipt was not established. Accordingly convictions under ss17(a) and 16(a)(B) were unsafe and were set aside leading to acquittal and discharge of appellants.

Citation
AA-42R(A)-4-10/2022 (Mahkamah Tinggi)
Parties
Appellant: Zaidi bin Dali; Appellant: Zulhairin bin Yahya; Respondent: Public Prosecutor
Court
A
Jurisdiction
Malaysia
Judgment Date
8 August 2025
Case Number
AA-42R(A)-4-10/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appellate Rehearing (s316 Cr Pc)
Outcome
Convictions set aside; appellants acquitted and discharged; bail refunded
Legal Topics
Corruption, Gratification, Solicitation, Admissibility of Intercepted Recordings, Statutory Presumption, Recovery Memo/seizure Procedure, Investigating Officer Independence, Delay in Complaint
Source Language
Malay/English
Criminal Law Anti‑corruption Law Evidence Law Procedure Corruption Gratification Solicitation Admissibility of Intercepted Recordings +4 more

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Parties

Zaidi bin Dali

Appellant

Zulhairin bin Yahya

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appellate Rehearing (s316 Cr Pc)

Legal Issues

  1. 1 Admissibility of covert audio‑visual recordings absent certificate under s43(4) MACC Act 2009
  2. 2 Failure to prepare recovery/seizure memo under s33 MACC Act 2009 and chain of custody for marked money
  3. 3 Independence and role of investigating officer affecting integrity of investigation

Ratio Decidendi

Recordings were inadmissible for lack of mandatory s43(4) certificate; absence of recovery memo broke the evidential chain for the alleged RM7,000 receipt; investigatory conflicts and unexplained delay/omissions by the complainant further undermined credibility; s50(1) presumption was misapplied because foundational proof of receipt was not established. Accordingly convictions under ss17(a) and 16(a)(B) were unsafe and were set aside leading to acquittal and discharge of appellants.

Court Disposition

Convictions set aside; appellants acquitted and discharged; bail refunded

Orders

  • All convictions and sentences under Section 17(a) and Section 16(a)(B) MACC Act 2009 set aside.
  • Appellants Zaidi bin Dali and Zulhairin bin Yahya acquitted and discharged of all charges.