Mohamad Amin (centre) being led into court for his appeal hearing. - Photo courtesy of Sinar Harian
KUANTAN: The High Court here on Friday (Jan 17) upheld the conviction and sentences imposed on a former magistrate found guilty of six counts of soliciting and accepting bribes from a businessman five years ago.
Judge Datuk Mohd Radzi Harun dismissed the appeal of Mohamad Amin Shahul Hamid, 44, upholding the 58-year custodial sentence and a fine of RM1.05mil, with an additional 72 months’ imprisonment to be served in default of payment.
However, the court granted a stay of execution for both the prison term and fine pending Mohamad Amin’s appeal to the Court of Appeal.
Judge Mohd Radzi set bail at RM100,000 with two sureties, an increase from the previous RM50,000 with one surety.
In his judgment, Judge Mohd Radzi said the sentences imposed by the Sessions Court were fair, proportionate, and not excessive, consistent with the Malaysian Anti-Corruption Commission (MACC) Act 2009.
Mohamad Amin was charged with soliciting RM100,000 in bribes and accepting RM110,000 from trader Hassan Basri Ahmad Sutan Modo between July 5 and Oct 22 in Lipis and Raub.
The bribes were allegedly intended to ensure fines were imposed instead of prison sentences on a man accused of smuggling cigarettes.
The charge framed under Section 16(a)(B) and Section 17(a) of the MACC Act 2009, punishable under Section 24 of the same Act, carries a maximum penalty of 20 years’ imprisonment and a fine of either five times the amount of the bribe or RM10,000, whichever is higher.
Earlier, the prosecution, led by MACC deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin and Ezuain Farhana Ahmad, applied for an increase in the bail amount to RM100,000 with two sureties, while defence counsel R. Arvend and S. Arvind sought a reduction, citing their client’s role in assisting his family’s small business.
The Sessions Court in 2022 had sentenced Mohamad Amin to a total of 58 years in prison and a RM1.05mil fine, allowing the prison terms to run concurrently, requiring him to serve 12 years in prison. - Bernama