Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Public officer misconduct

Legal area

Court

31 Jul 2023

AZMIL MUNTAPHA BIN ABAS

Citation

BA-42R(A)-4-10/2022 (Mahkamah Tinggi)
Court

A
Case number

BA-42R(A)-4-10/2022 (Mahkamah Tinggi)

The High Court held the trial judge did not err in finding a prima facie case for the alternative offence under section 165 Penal Code: the prosecution established the accused was a public servant who received RM5,000 deposited into his account, the receipt was linked to requests concerning sentencing of the accused persons, and the statutory presumption under section 50(3) ASPRM 2009 applied and was not rebutted on the balance of probabilities. SP3 and SP4, though implicated, were properly assessed as requiring corroboration but their evidence was found credible and corroborated by contempor…
18 Aug 2022

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

Citation

CA-42(R)(A)-5-07/2019 (Mahkamah Tinggi)
Court

R
Case number

CA-42(R)(A)-5-07/2019 (Mahkamah Tinggi)

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.