Malaysia Case Law: Decisions & Judgments

Topic

Corruption

Legal area

Court

9 Jan 2026

1. ) MOHAMAD ZULHISHAM BIN ZULKAFLI 2. ) MOHAMED SYUKUR BIN GULAM MOHAMED

Citation

JA-42R(A)-4-02/2025 (Mahkamah Tinggi)
Court

A
Case number

JA-42R(A)-4-02/2025 (Mahkamah Tinggi)

The convictions of the First, Second and Fourth Appellants were affirmed because the prosecution proved solicitation and receipt of gratification, established inducement and forbearance, applied s.50(1) MACC Act 2009 which was not rebutted on the balance of probabilities, and there was sufficient evidence of active participation and common intention; the Third Appellant was acquitted because the prosecution produced no evidence of any act, statement or receipt by him that would satisfy the participation element required for liability under s.34 Penal Code and the presumption could not properl…
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.
8 Aug 2025

Zaidi Bin Dali

Citation

AA-42R(A)-4-10/2022 (Mahkamah Tinggi)
Court

A
Case number

AA-42R(A)-4-10/2022 (Mahkamah Tinggi)

Recordings were inadmissible for lack of mandatory s43(4) certificate; absence of recovery memo broke the evidential chain for the alleged RM7,000 receipt; investigatory conflicts and unexplained delay/omissions by the complainant further undermined credibility; s50(1) presumption was misapplied because foundational proof of receipt was not established. Accordingly convictions under ss17(a) and 16(a)(B) were unsafe and were set aside leading to acquittal and discharge of appellants.
1 Jul 2020

1) SHAMSUDIN BIN ABAS 2) SYED MOHD BAKKRI BIN SYED ISMAIL

Citation

PA-42S(A)-2-11/2018 (Mahkamah Tinggi)
Court

A
Case number

PA-42S(A)-2-11/2018 (Mahkamah Tinggi)

The marked trap money established an unbroken chain from MACC to SP3 to the First Appellant; the presumption under s50 MACC arose and the appellants failed to rebut it on the balance of probabilities; corroborative testimony from MACC officers and discovery of marked RM500 in the Ford linked the appellants to corrupt receipt and showed common intention under s34; absence of fingerprints did not undermine this chain; accordingly convictions and sentences were upheld.
26 Jun 2020

ABD. GHANI BIN ISMAIL

Citation

42(S)-7-01/2013 (Mahkamah Tinggi)
Court

S
Case number

42(S)-7-01/2013 (Mahkamah Tinggi)

The prosecution proved receipt of gratification in circumstances that invoked the statutory presumption under s.42(1) ACA 1997; the accused failed to rebut that presumption on the balance of probabilities; there were no compelling reasons for the appellate court to disturb the trial judge's factual findings or sentence, therefore convictions and sentences are affirmed.
25 Oct 2019

KUNASEGARAN A/L RAGAVANAIDU

Citation

42(R)(A)-5-07/2018 (Mahkamah Tinggi)
Court

R
Case number

42(R)(A)-5-07/2018 (Mahkamah Tinggi)

Appeal allowed in part: convictions on Counts 1 and 2 quashed because prosecution failed to prove a coherent prima facie case in view of materially inconsistent versions given by the key witness, rendering him not credible; alternative charge under section 165 Penal Code was proven and conviction on that count is sustained with sentence imposed (18 months imprisonment from date of arrest and fine RM300,000 with default two years imprisonment).

Malaysia Case Law

1. ) MOHAMAD ZULHISHAM BIN ZULKAFLI 2. ) MOHAMED SYUKUR BIN GULAM MOHAMED

Zulhairin Bin Yahya

Zaidi Bin Dali

1) SHAMSUDIN BIN ABAS 2) SYED MOHD BAKKRI BIN SYED ISMAIL

ABD. GHANI BIN ISMAIL

KUNASEGARAN A/L RAGAVANAIDU