KUALA LUMPUR, Jan 3 — The Shah Alam High Court has reduced the jail sentence of a former Sessions Court judge convicted of corruption from six months to one day.
Judge Hasbullah Adam also reduced the fine, imposed by the Shah Alam Sessions Court on October 19 last year, against Azmil Mustapha Abas, 50, from RM25,000 to RM12,000 for the offence after allowing his appeal.
However, he rejected the former Kuala Kubu Bharu Sessions Court judge’s appeal to set aside his conviction after finding there was no merit in interfering with the lower court’s findings and decision in the case in accordance with Section 316 of the Criminal Procedure Code.
“Therefore, the conviction is safe,” said the judge in his grounds of judgment issued on Friday (December 29).
Hasbullah set aside the sentence handed down by the Sessions Court judge and replaced it with a day’s imprisonment and a fine of RM12,000, in default of three months’ jail, after finding there was merit in the appellant’s appeal.
He said the offence under Section 165 of the Penal Code provides for a maximum two-year term in jail or a fine or both, but there was no mandatory provision requiring imprisonment.
“The key element of the offence was receiving a valuable item without reciprocity. This differs from the main offence under Section 17(a) of the Malaysian Anti-Corruption Commission 2009, which provides for a maximum of 20 years in jail and a fine of five times the amount of gratification,” Hasbullah said.
The court also took into account the role of the fourth prosecution witness (SP4), Shah Alam High Court deputy registrar Ahmad Feisal Mohd Azmi, as a “temptation” to the appellant by offering money.
“It was the active role of SP4 who ensured that the giving (of the money) took place even though the appellant had said that he could not agree to the proposed sentencing,” he said, adding the court also took into consideration Azmil’s 17-year service from 2001 to 2018.
Azmil was charged in his capacity as a Sessions Court judge to have obtained for himself RM5,000 without consideration from a person who he knew had a connection with his official function involving court proceedings of six accused persons in criminal cases.
The six accused are Chin Yat Soong, Yap Chiew Tat, Chin See Shak, Pang Kooi Fook, Yap Swee Ming, and Chin Chee Keong, who were charged under Section 9 of the Common Gaming Houses Act 1953 (Act 289).
Azmil fined them for the offence. He was charged with committing the offence at Maybank Setia Alam 2 on May 10, 2018.
The charge, under Section 165 of the Penal Code, provides for imprisonment for up to two years or a fine, or both, if found guilty.
— Bernama
