Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 50 presumption
  • 22 Dec 2022

    Zamzuri bin Abdul Ghaffar

    Citation
    BA-42R-6-09/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42R-6-09/2021 (Mahkamah Tinggi)

    The court found that although the element of accepting the RM50,000 trap payment was not proven to disturb the Sessions Court's finding, the evidence (primarily SP15's testimony corroborated by SP5, SP6 and documentary material) established beyond reasonable doubt on assessment that the respondent corruptly solicited gratification up to RM1,800,000; accordingly the court applied the s.50 presumption and lawfully amended the charge to soliciting gratification and called the respondent to enter his defence.