Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Burden of proof/rebuttal
  • 18 Aug 2024

    MOHD ROSLAN BIN ZAKARIA

    Citation
    TA-61R-49-09/2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    TA-61R-49-09/2020 (Mahkamah Sesyen)

    Prosecution proved the accused was a public officer and, through documentary and witness evidence, showed he prepared procurement applications and procured lowest quotations from companies owned by his relatives; this engaged the presumption under s23(2) ASPRM 2009 which the accused failed to rebut on the balance of probabilities, therefore his actions amounted to using his office for gratification and he was convicted on all three amended charges.