Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Public procurement

  • 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.

  • 23 Oct 2020

    PENDAKWARAYA TPR Tuan Zander Lim Wai Keong TPR Puan Norsyarina Binti Raizan Hairudin Bin Ngadiron

    Citation
    MA-61R-36-39-10-2018 dan MA-61R-5-7-03-2019 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    MA-61R-36-39-10-2018 dan MA-61R-5-7-03-2019 (Mahkamah Sesyen)

    Court applied maximum evaluation at close of prosecution and found prosecution failed to prove beyond reasonable doubt the alleged RM400,000 cash transfers (counts 1–2) due to lack of independent corroboration and credible alternative explanation (loans/financial capacity), thus s50 presumption was rebutted; however for later counts (3–8) the prosecution proved delivery and receipt of specified goods/services linked to defendant's official role beyond reasonable doubt and convictions under s16(a)(A) followed; AMLATFPUAA counts were adjudicated on balance of probabilities and court found defen…