KUALA LUMPUR: The Sessions Court here has acquitted two Malaysian Anti-Corruption Commission (MACC) officers and another man of gang robbery charges from 2021 involving a businessman from China.
Sessions Court judge Izralizam Sanusi ordered the acquittal after determining that the prosecution failed to establish a prima facie case against MACC officers Muhamad Haffiz Mohd Radzi, 35, and Mohd Fahmee Mohamad Nor, 43, as well as Azwan Asli, 40, a former officer at the same agency.
"The prosecution has failed to prove and satisfy the elements of robbery in the transaction. I hereby discharge and acquit all of the accused without them having to enter their defence," the judge said on Monday.
In his brief decision, Izralizam mentioned a police report by the victim, who is the prosecution's first witness (SP1).
The report stated that three men visited the witness's house to begin an investigation related to money laundering.
"SP1 testified that he felt threatened when the three accused informed him that he could be detained if he failed to cooperate during the investigation, but the court finds that it was not wrongful detention if done in the capacity of an MACC officer," Izralizam said.
Based on the testimony, SP1 said he had no fear against the three men during the incident because he did not commit any offence.
The court also found that the prosecution failed to prove the existence of a firearm during the trial.
"There was no evidence that the victim (SP1) was threatened with firearms by the three men, although the victim accused one of the men of having brought a firearm in a backpack," Izralizam said.
On December 13, 2023, the three men were jointly accused of committing gang robbery against Kun Gao, involving RM952,690 and 1,225 Yuan in cash, a silver luggage and a black Louis Vuitton bag belonging to the Chinese national.
The offence was allegedly committed at a condominium in Jalan Ampang at 12pm on December 10, 2021.
The men were charged under Section 395 of the Penal Code, which provides a maximum of 20 years imprisonment and whipping, upon conviction.
Deputy Public Prosecutor Nor Aisyah Mohd Zanyuin represented the prosecution, while the accused were defended by lawyers Tan Sri Dzulkifli Ahmad and Azzizul Shariman Mat Yusoff.
A total of 17 prosecution witnesses were called to testify throughout the trial, which began in December 2024.
