SHEIKH HASSAN BIN SHEIKH ZAINUDDIN v Pendakwa Raya

ca-42ra-8-03-2022 High Court (Mahkamah Tinggi) 5 January 2026 • CA-42(R)(A)-8-03/2022

Catchwords

The Appellant in this case was allegedly misusing his position as Senior Assistant Fire Superintendent by proposing his wife’s company for ten services and supplies as he was responsible for managing procurement requests for supplies and services needed by the station. He was charged in the Sessions Court in relation to five separate cases. In each case, the Appellant faced two charges under Section 23 read together with Section 24 of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act 2009). At the end of the defence’s case, the trial judge applied the presumption under Section 50(1) of the MACC Act to the case and convicted the Appellant on all charges and sentenced him accordingly. Dissatisfied with both the conviction and the sentence, the Appellant appealed to this Court. This Court, having considered the totality of circumstances, including the failure to call a material complainant, the improper cumulative reliance on statutory presumptions, the credible and corroborated defence explanation and the absence of evidence establishing gratification, finds that the conviction is unsafe. Accordingly, the appeal is allowed. The Appellant is acquitted and discharged of all charges.

Judges (1)

Samry bin Masri Delivered

Parties (2)

Pendakwa Raya Respondent Sheikh Hassan bin Sheikh Zainuddin Appellant

Judgment

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Read on eJudgment

Source: eJudgment (ca-42ra-8-03-2022)