Kota Kinabalu: Nine policemen were freed from several charges of accepting bribes amounting to RM14,040, without their defence being called.
They were Inspector Joevian Gubal Michael, Constable Afizul Azwan Anuar, Lance Corporal Hairul Amid, Sergeant Azizul Ismail, Corporal Abdullah Bakir, Corporal Haikal Ibrahim Abdullah, Corporal Sabestino Bong, Inspector Bobby Rhyne Warry Nawari and Corporal James Well Anak Lakin, aged between 36 and 49.
Sessions Court Judge Jason Juga discharged and acquitted the nine from all the charges against them after ruling that the prosecution had failed to establish a prima facie case against them.
The court said after having perused through the witness statements, heard the evidence forwarded by the prosecution and the cross-examination forwarded by all the nine accused through their counsels, viewed and perused through the exhibits tendered, the submissions tendered by both parties and upon maximum evaluation based on totality of the evidence adduced in court, he found that the prosecution had failed to prove the charge under Section 17(a) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 against the nine accused on a prima facie case.
He said the nine accused were hereby discharged and acquitted on all the charges without having to enter their defence.
Joevian, Afizul and Azizul have four charges, Hairul five charges, Abdullah 18 charges, Haikal nine charges, Sabestino two charges, Bobby eight charges and James three charges.
Joevian is accused of getting RM900, RM500, RM500 and RM500 in bribes from one Anizan Misdaranai, 39, as inducement to not take action against him for a drug offence.
The crime allegedly took place between Nov 16, 2016 and Jan 3, 2017 at BSN in Kota Belud.
Afizul, on the first to fourth counts, allegedly received bribes of RM150, RM150, RM70 and RM100 from the same person for the same purpose between April 13 and May 17, 2017 also at BSN Kota Belud.
Azizul, on the first to fourth counts, was accused of getting bribes of RM200, RM100, RM300 and RM300, also from Anizan, for the same purpose between April 24 and July 30, 2017 also in Kota Belud.
Hairul, on the first to fifth counts, was accused of getting bribes of RM500, RM500, RM450, RM50 and RM500, also from the same person and same purpose, between Aug 11, 2017 and June 29, 2018.
Abdullah, on the first to 18 counts, allegedly got bribes amounting RM2,200 from Anizan for the same purpose between April 4, 2014 and Oct 1, 2015.
All the charges stated that the money had been banked into the five respective bank accounts.
In Haikal’s case, he was accused of accepting a total RM1,570 also from Anizan as inducement not to take action against him under the Dangerous Drugs Act.
He allegedly committed the offence at Bank Simpan Nasional in Kota Belud between May 23, 2017 and July 6, 2018.
For Sabestino, he was accused of accepting a total of RM300 bribe from the same person for the same purpose on June 6, 2018 at Bank Rakyat in Kota Belud.
Bobby, on the first to eighth count, was accused of getting bribes amounting RM3,600 in which he received between RM100 and RM800 also from Anizan as inducement not to take action against Anizan for a drug offence.
The crimes allegedly took place between May 1, 2017 and Aug 30, 2017 at Bank Rakyat Kota Belud.
Meanwhile, James on the first to third count, allegedly received bribes amounting to RM600 in which he received RM200 for three times, also from Anizan, for the same purpose between Nov 4, 2016 and Jan 16, 2017 at Bank Rakyat in Kota Belud and Keningau.
All the charges stated that the money were banked into Bobby and James’ respective accounts.
The prosecution had called 24 witnesses during the hearing.
MACC Deputy Public Prosecutor Nurul Izzati Sapifee conducted the prosecution while counsels counsel Azhier Farhan Arisin, Batholomew Jingulam and Sylyester Kuan defended the nine, respectively.
