PUTRAJAYA: The Court of Appeal on Monday (Oct 6) ordered a former Universiti Sains Malaysia (USM) lecturer to serve a three-year prison sentence after reinstating his conviction for abusing his position to approve his brother's company for the supply of goods to the university.
A three-judge panel, chaired by judge Datuk Mohamed Zaini Mazlan, issued an identical order to the lecturer's brother, Mustafa Kamal Mohamed, 54, for abetting his brother, Badaruddin Mohamed, 60.
The panel, which also included Datuk Noorin Badaruddin and Datuk Hayatul Akmal Abdul Aziz, further upheld the original fines of RM807,475 imposed on them by the Sessions Court.
The court allowed the prosecution's appeal to overturn the High Court's decision, which had acquitted both respondents in February last year, consequently restoring the convictions and sentences.
"The prison sentence is effective immediately, and we hereby order that the warrant of committal be issued today against both respondents," Justice Mohamed Zaini said when delivering the judgment.
Justice Mohamed Zaini ruled that the High Court had erred in finding that the Sessions Court judge had been misdirected in failing to state that the statutory presumption under Section 23(2) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 was applied when calling the respondents to enter their defence.
He said this statutory presumption must be read in together with Section 23(1) and is automatically invoked once a charge is preferred against an individual under that provision.
He added that the court had thoroughly examined and considered the grounds of judgment and the submissions by counsel, and was of the view that the factual findings and evaluation by the Sessions Court judge were sound and ought not to be disturbed.
Justice Mohamed Zaini said the court found the conviction recorded by the Sessions Court was safe to be upheld.
On Aug 19, 2022, the Sessions Court found Badaruddin guilty on nine counts of abuse of power. He was sentenced to three years in prison and a fine of RM807,475, with an additional 36 months' imprisonment in default of payment.
On seven charges, Badaruddin was convicted of abusing his position as director of the USM Strategic Communication Office to approve his brother's company, Syarikat MK Urusniaga (M) Sdn Bhd, as a supplier of goods and souvenirs valued at RM153,793 between Sept 22, 2011, and Nov 23, 2012.
On two further charges, he was convicted of using his position as head of the USM Sustainable Tourism Research Cluster to approve the same company as a supplier for 30 units of souvenir glass valued at RM3,450 and office biometric equipment valued at RM2,920 between Sept 5, 2011, and May 14, 2012.
All the charges were brought under Section 23(1) of the MACC Act 2009 and sentenced under Section 24(1) of the same Act.
Mustafa Kamal was convicted of abetting his brother under Section 28(1)(c) of the MACC Act and received the same sentence.
On Feb 2 last year, the High Court had acquitted and discharged both individuals after setting aside the Sessions Court's convictions.
In Monday’s proceedings, MACC Deputy Public Prosecutor (DPP) Farah Ezlin Yusof Khan argued that the High Court had erred in acquitting the respondents solely because the Sessions Court judge did not explicitly state the application of the statutory presumption under Section 23(2), contending that the law imposes no such requirement. - Bernama
