Kota Kinabalu: A 45-year-old civil servant who was acquitted on 30 counts of corrupt practice was on Monday ordered by the Court of Appeal to enter his defence on all charges.
Justices Datuk Ravinthran Paramaguru, Datuk Che Mohd Ruzima Ghazali and Datuk See Mee Chun unanimously allowed the prosecution’s appeal against the lower court’s decision to acquit and discharge the respondent Mohd Syamsul Jikan without calling for his defence.
The court held that the prosecution had clearly established a prima facie case.
The court ordered Syamsul to enter his defence and set aside the decisions of the Sessions Court and the High Court not to call for his defence and acquit him.
SPONSORED CONTENT Over 20 units booked at The Horizon’s grand launch Kota Kinabalu: The grand launch of The Horizon at Damai saw a good response with more than 20 condominium units booked, Sunday. Read more The court fixed July 24 for Syamsul’s appearance at the Sessions Court for case management and bail direction by the Sessions Court judge.
Syamsul was freed by the Sessions Court here on Sept 30, 2019 without his defence being called.
The prosecution had appealed against the Sessions Court’s decision at the High Court.
The High Court on Dec 6, 2021 rejected their appeal and affirmed the order of acquittal and discharge by the Sessions Court.
The 30 charges alleged that Syamsul, an Anti-Drug Assistant, used g his position as a storekeeper at the Cure and Care Rehabilitation Centre (CCRC) in Papar to receive personal gratification by submitting quotations of Emmy Enterprise so that the company would be appointed as the office supplier for the centre.
The charges stated that Syamsul allegedly was the supplier for CCRC for various items, among others, office stationery, clothes, cooking gas and tent rental services.
The offences allegedly took place at the CCRC office in Jalan Papar- Beaufort, Papar between January and October 2015.
The charges under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, punishable under Section 24 of the same Act provide for a jail term of up to 20 years and a fine of not less than five times the amount involved or RM10,000, whichever is higher, on conviction.
Deputy Public Prosecutor Norzilati Izhani Zainal @ Zainol appeared for the prosecution as appellant while counsel Hamid Ismail represented Syamsul.
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