8 Aug 2025
Zulhairin Bin Yahya
- Citation
- AA-42R(A)-7-10/2022 (Mahkamah Tinggi)
- Court
- A
- Case number
- AA-42R(A)-7-10/2022 (Mahkamah Tinggi)
Recordings obtained covertly were inadmissible absent the mandatory certificate under s43(4) MACC Act 2009; the prosecution also failed to produce a recovery memo under s33 and thus did not prove the essential fact of receipt of RM7,000 beyond reasonable doubt; s50(1) presumption was misapplied; the investigating officer's operational role and delay/omissions by the complainant further undermined the prosecution case. Collectively these defects made the convictions unsafe and required setting aside and acquittal.