PUTRAJAYA: The Court of Appeal on Thursday (Oct 27) freed former Malaysian Crime Watch Task Force (MyWatch) chairman R. Sri Sanjeevan (pic) 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' jail and fined RM7,000 by a Magistrate's Court in Temerloh on Aug 14, 2018, after he was found guilty for 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 9.45 pm on July 1, 2013.
He filed an appeal to the Court of Appeal after losing his appeal at the Temerloh High Court on Nov 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.
He added that the magistrate had misdirected herself when she held that there was positive identification of the appellant (Sanjeevan).
Justice Ahmad Nasfy also said that 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
