Court overturns order for MACC to share favourable facts
PUTRAJAYA: The Court of Appeal today overturned a High Court decision that had ordered the Malaysian Anti-Corruption Commission (MACC) to provide a written statement containing favourable facts to company director Datuk Seri Sim Choo Thiam in relation to four graft charges involving RM15 million.
A three-member panel led by Justice Datuk Hashim Hamzah, ruled unanimously that the High Court was wrong in compelling the prosecution to furnish facts that are favourable to the defence.
He said the High Court also erred in its decision that Section 51A(1)(c) of the Criminal Procedure Code (CPC) stands on the same legal footing as Section 51 of the CPC.
Sitting with Justice Hashim were Justices Datuk Azizul Azmi Adnan and Datuk Faizah Jamaludin.
The court allowed the prosecution's appeal to set aside the High Court's order, reinstating the Sessions Court's decision that had rejected Sim's request for the statement.
Section 51 pertains to summonses for production of documents or other things, while Section 51A (1) (c) requires the prosecution to provide the accused, prior to trial, with a written statement of any facts that are favourable to the defence.
The Sessions Court has fixed June 30 for mention of Sim's graft case.
On May 10, 2023, Sim, 55, was charged with allegedly soliciting a RM15 million bribe from Hep Kim Hong, the managing director of Asia Coding Centre Sdn Bhd, through Syed Abu Zafran Syed Ahmad, as an alleged inducement for former minister Datuk Seri Hamzah Zainuddin to award projects to the company.
He was also charged with three counts of accepting RM15 million in bribes from the same individual as an inducement for Hamzah to do similar things. The offences were allegedly committed at two different locations - Shaas Holdings office and a parking lot at Solaris Dutamas, Jalan Dutamas 1, Kuala Lumpur, between June and July 2021.
The charges were framed under Section 16(a)(B) of the MACC Act 2009, which is punishable under Section 24(1) of the same Act, which carries a maximum imprisonment of 20 years and a fine of not less than five times the amount of the bribe or RM10,000, whichever is higher, upon conviction.
On July 4, 2023, Sim filed a revision application seeking the prosecution to furnish written statement of facts favourable to his defence under Section 51A (1) (c) of CPC after the Sessions Court, in Sept, the same year, dismissed his application for the written statement of facts.
Sim claimed the MACC had recorded a statement from Hamzah, whose name was mentioned in Sim's charges, only after he (Sim) was charged in court.
On March 21, last year, the High Court allowed the revision application, directing MACC to furnish the statement after finding there were favourable facts to be disclosed by the prosecution to Sim before the trial. This prompted the prosecution to file an appeal to the Court of Appeal.
In today's proceedings before the Court of Appeal, Deputy Public Prosecutors from the MACC, Farah Ezlin Yusop Khan, Dr. Ifa Sirrhu Samsudin, Nurul Qistini Qamarul Abrar and Muhammad Asraf Mohamed Tahir appeared for the prosecution while lawyers Datuk Hisyam Teh Poh Teik, Low Wei Loke and Kee Wei Lon represented Sim.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Straits Times
2 hours ago
- New Straits Times
Pahang police to set up task force to prevent theft at ECRL project sites
KUANTAN: Pahang police will establish a task force to prevent theft at the East Coast Rail Link (ECRL) project sites here. State police chief Datuk Seri Yahaya Othman said such activities are under observation after receiving 10 police reports related to theft at the project's construction locations since last month, with estimated losses reaching RM200,000. He said cases involving theft of cables and iron have been reported along the ECRL project route in Cherating, Gebeng, and Gambang here. No arrests have been made so far. "We are still tracking down the individuals involved, and strict action will be taken against them according to existing legal provisions," he said when met by Bernama here today. Yahaya said those involved in cable theft cases can be prosecuted under Section 431A of the Penal Code for mischief by damaging cables. If convicted, they can face imprisonment for two years, a fine, or both. He said his department also suggested that the project management acquire the services of auxiliary police to curb such thefts from continuing. "We are ready to cooperate with Malaysia Rail Link Sdn Bhd (MRL) in addressing this issue. The public is also urged to report to the police if they have information about any parties trying to sell cables and other construction materials," he said. He also warned the public not to buy stolen goods, as it is also an offence and can be prosecuted under Section 411 of the Penal Code, which carries a maximum penalty of five years imprisonment, a fine, or both, if convicted. Transport Minister Anthony Loke earlier today said the police must take firm action against cable theft cases at ECRL project sites, as such acts could disrupt the smooth progress and implementation of the project. MRL had previously expressed concern following reports of cable theft detected at certain locations along the ECRL alignment, spanning Kelantan, Terengganu, Pahang, and Selangor.
The Star
2 hours ago
- The Star
Pahang police to set up task force to prevent theft at ECRL project sites
KUANTAN: Pahang police will establish a task force to prevent theft at the East Coast Rail Link (ECRL) project sites here following several reports. State police chief Datuk Seri Yahaya Othman said they are keeping an eye out for such activities after receiving 10 police reports related to theft at the project's construction locations since last month, with estimated losses reaching RM200,000. He said that cases involving theft of cables and iron have been reported along the ECRL project route in Cherating, Gebeng, and Gambang here, and no arrests have been made so far. "We are still tracking down the individuals involved, and strict action will be taken against them according to existing legal provisions," he said when met by Bernama here on Monday (June 23). Yahaya informed that those involved in cable theft cases can be prosecuted under Section 431A of the Penal Code for mischief by damaging cables. If convicted, they can face imprisonment for two years, a fine, or both. He added that his department also suggested that the project management acquire the services of auxiliary police to curb such thefts from continuing. "We are ready to cooperate with Malaysia Rail Link Sdn Bhd (MRL) in addressing this issue, and the public is also urged to report to the police if they have information about any parties trying to sell cables and other construction materials," he said. Meanwhile, he also warned the public not to buy stolen goods, as it is also an offence and can be prosecuted under Section 411 of the Penal Code, which carries a maximum penalty of five years imprisonment, a fine, or both, if convicted. Transport Minister Anthony Loke was reported Monday saying that the police must take firm action against cable theft cases at ECRL project sites, as such acts could disrupt the smooth progress and implementation of the project. Earlier, MRL had expressed concern following reports of cable theft detected at certain locations along the ECRL alignment, spanning across Kelantan, Terengganu, Pahang, and Selangor. - Bernama
Barnama
2 hours ago
- Barnama
Pahang Police To Set Up Task Force To Prevent Theft At ECRL Project Sites
KUANTAN, June 23 (Bernama) -- Pahang Police will establish a task force to prevent theft at the East Coast Rail Link (ECRL) project sites here. State Police Chief Datuk Seri Yahaya Othman stated that these activities are under their observation after receiving 10 police reports related to theft at the project's construction locations since last month, with estimated losses reaching RM200,000. He said that cases involving theft of cables and iron have been reported along the ECRL project route in Cherating, Gebeng, and Gambang here, and no arrests have been made so far. "We are still tracking down the individuals involved, and strict action will be taken against them according to existing legal provisions," he said when met by Bernama here today. Yahaya informed that those involved in cable theft cases can be prosecuted under Section 431A of the Penal Code for mischief by damaging cables. If convicted, they can face imprisonment for two years, a fine, or both. He added that his department also suggested that the project management acquire the services of auxiliary police to curb such thefts from continuing. "We are ready to cooperate with Malaysia Rail Link Sdn Bhd (MRL) in addressing this issue, and the public is also urged to report to the police if they have information about any parties trying to sell cables and other construction materials," he said. Meanwhile, he also warned the public not to buy stolen goods, as it is also an offence and can be prosecuted under Section 411 of the Penal Code, which carries a maximum penalty of five years imprisonment, a fine, or both, if convicted. Transport Minister Anthony Loke was reported today as saying that the Royal Malaysia Police must take firm action against cable theft cases at ECRL project sites, as such acts could disrupt the smooth progress and implementation of the project.
