13 Oct 2022
Mohamad Fauzi Bin Ahmad [ ]
- Citation
- BA-42(R)(A)-4-01/2021 (Mahkamah Tinggi)
- Court
- R
- Case number
- BA-42(R)(A)-4-01/2021 (Mahkamah Tinggi)
The appeal is dismissed and convictions and sentences on seven counts under s23(1) and s17(b) ASPRM 2009 are upheld because the prosecution proved the essential elements beyond reasonable doubt and the accused failed to rebut the statutory presumption under s50(1) on the balance of probabilities; the Sessions Court was correct to call defence and to accept trial findings; the prosecution's cross-appeal is dismissed and the acquittals on counts 3, 6, 7, 8 and 9 are maintained because the defence produced credible explanations (political donations/post hoc payments) sufficient to create reasona…