PUTRAJAYA, Oct 27 — The Court of Appeal today freed former Malaysian Crime Watch Task Force (MyWatch) chairman, R. Sri Sanjeevan, on a charge of blackmailing a businessman nine years ago.
A three-member panel comprising Justices Datuk Ahmad Nasfy Yasin, Datuk Ahmad Zaidi Ibrahim and Datuk Seri Mariana Yahya allowed his final appeal to quash his conviction after ruling that his conviction was not safe.
Sanjeevan, 38, was sentenced to three months in jail and fined RM7,000 by a Magistrate’s Court in Temerloh on August 14, 2018, after he was found guilty of blackmailing Chan Leong Kwan, 46, by extorting RM1,500 or the victim would not be able to continue his business.
He was accused of committing the offence at the Triang Commercial Centre in Bera, Pahang, at 9.45pm on July 1, 2013.
Sanjeevanfiled an appeal to the Court of Appeal after losing his appeal at the Temerloh High Court on November 27, 2020.
In the Court of Appeal’s decision, Justice Ahmad Nasfy, who chaired the panel, said Sanjeevan was denied a fair trial as the prosecution did not call or offer to the defence, seven witnesses who were present at the crime scene.
He said there was also a miscarriage of justice as the investigating officer did not record Sanjeevan’s statement.
Justice Ahmad Nasfy added the magistrate had misdirected herself when she held there was positive identification of the appellant (Sanjeevan).
He also said the magistrate’s decision in placing a heavier burden of proof on Sanjeevan to establish his alibi defence, was fatal.
The court, meanwhile, dismissed the prosecution’s cross-appeal for a heavier sentence on Sanjeevan.
Lawyers Datuk V. Sithambaram, S. Preakas and Miguel Sequerah represented Sanjeevan, while deputy public prosecutors Zaki Asyraf Zubir and Aida Khairuleen Azli appeared for the prosecution.
— Bernama
