Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption under section 50 asprm
  • 17 Feb 2022

    Zailan Bin Jauhari [ ]

    Citation
    BA-42(R)(A)-1-01/2019 (Mahkamah Tinggi)
    Court
    R
    Case number
    BA-42(R)(A)-1-01/2019 (Mahkamah Tinggi)

    The High Court held the amendment of the charge was lawful and within judicial discretion; the prosecution proved receipt of RM20,000 cash and a RM60,000 cheque constituting a suap (bribe); section 50 ASPRM presumption applied to infer corrupt purpose and the appellant failed to rebut that presumption on the balance of probabilities; evidence including trap money, cheque and corroborating witness testimony was admissible and credible; hence the conviction and two‑year imprisonment and RM400,000 fine were upheld.