In hot water: Azmil Muntapha was formerly the presiding judge at the Kuala Kubu Baru Sessions Court. — Bernama
PUTRAJAYA: Go straight to jail for six months and pay a fine of RM25,000. That is the price that a former judge has to pay for accepting a RM5,000 kickback from a case he handled.
The jail term and fine were reinstated by the Court of Appeal yesterday after allowing the prosecution’s final appeal against former Sessions Court judge Azmil Muntapha Abas, who is found guilty by a Sessions Court of corruption.
A three-judge panel, chaired by Justice Mohd Nazlan Mohd Ghazali, upheld the Sessions Court’s sentence yesterday after allowing the public prosecutor’s final appeal to overturn the Shah Alam High Court’s decision on July 31, 2023, which had reduced the sentence to one day’s imprisonment and a RM12,000 fine.
Azmil Muntapha was convicted in 2022 for receiving the bribe paid in connection with a case involving six foreigners who were charged under subsection 9(1) of the Common Gaming Houses Act 1953 (Act 289).
The six were sentenced only to a fine in 2018 by Azmil who was the presiding judge at the Kuala Kubu Baru Sessions Court at the time.
The trial judge ruled that Azmil Muntapha had received the gratification money on May 10, 2018 from Ahmad Feisal Azmi via a bank account held at Maybank, Jalan Meru, Klang.
Yesterday, in a unanimous decision, Justice Mohd Nazlan said corruption was a serious offence.
“What is even more serious in this case is that the offence was committed by a civil servant who was serving as a Sessions Court judge and entrusted with judicial responsibilities.
“This certainly betrays the trust of responsibility, erodes public confidence in the integrity of the judicial institution and undermines the country’s justice system,” he said.
The panel included Justices Mohamed Zaini Mazlan and Wan Ahmad Farid Wan Salleh.
Justice Mohd Nazlan said that after reviewing the appeal record, the court found that the Sessions Court judge had given due consideration before handing down the sentence.
“There was an error in the High Court’s reasoning in replacing the six-month jail sentence with one day, which did not justify interfering with the Sessions Court’s ruling,” he said.
He said the sentence imposed by the Sessions Court judge was proportionate, fair, reasonable and not excessive.
“Therefore, the court allows the prosecution’s appeal. The sentence imposed by the High Court is set aside, and the Sessions Court’s sentence of six months’ imprisonment and a RM25,000 fine, in default of six months’ jail, is upheld.
“The court also orders a committal warrant to be issued and the respondent (Azmil Muntapha) to be detained immediately,” said Justice Mohd Nazlan.
It is understood that Azmil Muntapha will be taken to the Kajang Prison.
