Zailan Bin Jauhari [ ]

Zailan Bin Jauhari [ ]

The High Court held the amendment of the charge was lawful and within judicial discretion; the prosecution proved receipt of RM20,000 cash and a RM60,000 cheque constituting a suap (bribe); section 50 ASPRM presumption applied to infer corrupt purpose and the appellant failed to rebut that presumption on the balance...

Source-derived case information.

Citation
BA-42(R)(A)-1-01/2019 (Mahkamah Tinggi)
Parties
Appellant: Zailan bin Jauhari; Respondent: Pendakwa Raya
Court
R
Jurisdiction
Malaysia
Judgment Date
17 February 2022
Case Number
BA-42(R)(A)-1-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Against Conviction for Corruption Under ASPRM 2009 / High Court Judgment on Appeal From Sessions Court Conviction
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Bribery, Presumption Under Section 50 ASPRM, Amendment of Charge, Admissibility of Evidence, Credibility of Witnesses, Sentence
Criminal Law Anti Corruption Law Evidence Law Bribery Presumption Under Section 50 ASPRM Amendment of Charge Admissibility of Evidence Credibility of Witnesses +1 more

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Parties

Zailan bin Jauhari

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal Against Conviction for Corruption Under ASPRM 2009 / High Court Judgment on Appeal From Sessions Court Conviction

  1. 1 Whether the original charge could be validly amended
  2. 2 Whether the prosecution proved prima facie case and all elements of section 16(a)(A) ASPRM 2009
  3. 3 Admissibility and weight of documentary and audio‑visual evidence

Ratio Decidendi

The High Court held the amendment of the charge was lawful and within judicial discretion; the prosecution proved receipt of RM20,000 cash and a RM60,000 cheque constituting a suap (bribe); section 50 ASPRM presumption applied to infer corrupt purpose and the appellant failed to rebut that presumption on the balance of probabilities; evidence including trap money, cheque and corroborating witness testimony was admissible and credible; hence the conviction and two‑year imprisonment and RM400,000 fine were upheld.

Court Disposition

Appeal dismissed; conviction and sentence upheld.

Orders

  • Appeal dismissed
  • Conviction under section 16(a)(A) ASPRM 2009 affirmed