16 Jul 2021
TENGKU ADNAN BIN TENGKU MANSOR PUBLIC PROSECUTOR
- Citation
- WA-05(SH)-440-12/2020 (Mahkamah Rayuan)
- Court
- SH
- Case number
- WA-05(SH)-440-12/2020 (Mahkamah Rayuan)
The prosecution proved all four elements of s.165 Penal Code: the Appellant was a public servant, he obtained a valuable thing (RM2,000,000) via a cheque paid into a company he effectively controlled, there was no consideration given, and he knew the donor had connection with his official functions; the defence that the sum was a political donation failed because the receipt was unreliable, supporting witnesses lacked independent knowledge and the asserted party expenditure was unproven, therefore the conviction and sentence were correctly entered and must be affirmed.