ALIAS BIN JAAFAR v Pendakwa Raya
Catchwords
Criminal law — Malaysian Anti-Corruption Commission Act 2009 — Section 25(1) — Failure to report gratification — Whether prosecution must prove specific purpose pleaded in charge — Whether burden of proof shifts to accused — Section 50 MACC Act — Presumption of corrupt intent — Non applicability to section 25(1) Criminal procedure — Criminal Procedure Code — Sections 173(m), 173(h)(iii), 182A — Duty of trial court to undertake maximum evaluation of all evidence — Whether misdirection in limiting evaluation to defence evidence — Appellate duty to ensure conviction is safe Evidence — Contemporaneous documentary evidence — Weight vis à vis oral testimony — Failure to consider silent evidence — Failure to analyse prosecution exhibits supportive of defence — Whether rejection of defence as afterthought justified Evidence — Purpose of gratification — Essential ingredient when expressly pleaded — Whether proof beyond reasonable doubt required — Absence of evidence of expediting Flag State Control inspections — Effect on reporting obligation under section 25(1) Evidence — Hearsay — Failure to call material witness — Operations manager as alleged source of solicitation — Right of accused to cross examine — Adverse inference Evidence — Admissions by key prosecution witness — Whether payments made for golf tournament sponsorship — Whether inspections conducted according to standard operating procedures — Whether prosecution evidence supports alternative innocent inference Criminal appeal — Role of appellate court — Whether conviction unsafe — Miscarriage of justice — Whether trial court misdirected itself on law and facts — Proper approach in reassessing entire body of evidence
Practice Areas
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-42ra-13-09-2025)