MOHD ISA BIN ABDUL SAMAD v Pendakwa Raya [Pendakwa Raya]

w-05sh-28-02-2021 Court of Appeal (Mahkamah Rayuan) 5 March 2024 • W-05(SH)-28-02/2021 • 64 min read

30 cases cited (0 SG, 30 foreign)

Catchwords

Charged of criminal breach of trust (‘CBT”) under s 409 of the Penal Code ('PC') and nine counts of corruptly accepting bribes under s.16(a)(A) of the Malaysian Anti-Corruption Commission Act 2009 ('MACCA') - Whether the learned trial judge erred when he decided that the prosecution had successfully proved a prima facie case at the end of the prosecution case for the charges under s.16(a)(A) MACCA? Whether the alleged offences were proved to have been committed by the appellant as per the charges? the framing of the 9 charges are clearly not in accord with the evidence and is at variance with the case for the prosecution - presumption in s.50(1) of MACCA when calling for the defence at the close of the prosecution case - learned trial judge had erred in finding that the third element of the offence had been proved by invoking the presumption in s.50(1), and holding that the gratification was paid and the receipt was made by the appellant corruptly as a reward and that the reward was for the appellant's actions in helping to obtain FICSB’s approval for the purchase of MPHS. Payment of gratification to the appellant - SP21’s testimony on this “salam” trigger was not consistent - the failure of the trial judge to undertake a wholesome and proper judicial appreciation of the evidence of SP21 in its entirety is a serious non-direction that amounts to a misdirection that warrants appellate intervention.

Judges (3)

Ahmad Zaidi bin Ibrahim Coram S.m. Komathy a/p Suppiah Coram Seri Vazeer Alam bin Mydin Meera Delivered

Counsel (9)

Jabatan Peguam Negara Firm Salehuddin Saidin & Assoc Firm Afzainizam bin Abdul Aziz Counsel Prosecution Datuk Abu Bakar bin Isa Ramat Counsel Appellant Hafizuddin Bin Salehuddin Counsel Appellant Muhammad Asraf Bin Mohamed Tahir Counsel Prosecution Natasha Chin Le Jy Counsel Prosecution Salehuddin Saidin Counsel Appellant Siti Sarah Binti Khalil Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Mohd Isa bin Abdul Samad Appellant

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)

Criminal Procedure Code (Cap 593)

Penal Code (Cap 574)

Cases Cited (30)

UK (2)

[1947] 1 All ER 582 [1955] AC 370

MY (28)

[1937] 1 MLJ 265 [1941] MLJ 1 [1960] 1 MLJ 225 [1965] 2 MLJ 238 [1969] 2 MLJ 89 [1974] 1 MLJ 108 [1980] 1 MLJ 160 [1985] 1 MLJ 38 [1992] 3 CLJ 1535 [1993] 2 MLJ 137 [1993] 3 CLJ 1 [1995] 3 MLJ 395 [1996] 2 MLJ 557 [1996] 3 CLJ 187 [1996] 4 CLJ 545 [2002] 3 CLJ 457 [2004] 3 CLJ 737 [2005] 1 CLJ 193 [2005] 1 CLJ 389 [2005] 5 MLJ 409 [2006] 1 CLJ 457 [2012] 4 MLJ 149 [2014] 1 CLJ 46 [2014] 7 CLJ 897 [2015] 6 MLJ 509 [2019] 1 CLJ 748 [2022] 1 CLJ 491 [2022] 12 MLJ 747

Judgment

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Source: eJudgment (w-05sh-28-02-2021)