18 Aug 2022
[Timbalan (TPR), Jabatan Peguam Negara] SHAIFUL AZMAN BIN TAHA
- Citation
- CA-42(R)(A)-5-07/2019 (Mahkamah Tinggi)
- Court
- R
- Case number
- CA-42(R)(A)-5-07/2019 (Mahkamah Tinggi)
Court found prosecution proved the two basic facts — respondent was a government agent at material time and he received RM42,000 contemporaneous with issuance of certificates — thereby engaging s.50 presumption; evidence did not support the defence that payment was a bona fide purchase from a third party and the payment constituted a corrupt gratification linked to respondent's official functions; accordingly there was a prima facie case and the Sessions Court finding was set aside and the accused ordered to be called to enter his defence.