PUTRAJAYA: A police sergeant began serving a 14-month jail sentence on Thursday (July 9) after the Court of Appeal dismissed his appeal against his conviction and sentence for accepting bribes, while allowing the prosecution's cross-appeal to reinstate an earlier conviction on a separate charge.
A three-member bench comprising Justices Datuk Noorin Badaruddin, Datuk Ahmad Fairuz Zainol Abidin and Datuk Meor Hashimi Abdul Hamid unanimously dismissed Mohd Ridhuan Kasah's appeal against his conviction and sentence on the second charge.
The court also allowed the prosecution's cross-appeal, setting aside the High Court's decision to discharge and acquit the 48-year-old on the first charge and reinstating the Sessions Court's conviction and 12-month jail sentence.
However, Mohd Ridhuan will serve 14 months' imprisonment as both jail terms are to run concurrently.
He was also ordered to pay a total fine of RM20,000 or face an additional 12 months' imprisonment in default.
The court ordered Mohd Ridhuan to begin serving his sentence immediately. He had previously been granted a stay of execution of his sentence and was released on RM20,000 bail with one surety pending the disposal of his appeal.
Delivering the unanimous judgment, Justice Noorin said the High Court had erred in acquitting Mohd Ridhuan on the first charge but was correct in upholding his conviction on the second charge.
She said the prosecution had adduced clear, consistent and credible evidence that proved every essential element of the first charge beyond a reasonable doubt.
On the second charge, she said Mohd Ridhuan's defence amounted to a bare denial and failed to offer any reasonable explanation to rebut the prosecution's case.
Mohd Ridhuan was charged with two counts of accepting RM1,000 in bribes from Syed Mohd Firdaus Syed Hussin at the Criminal Investigation Department office of the Pekan district police headquarters in Pahang. The money was allegedly offered as an inducement for him not to take legal action against the complainant.
The offences were allegedly committed at 5pm on Sept 18, 2020, and at 12.30pm the following day.
On Feb 7, 2024, the Sessions Court convicted Mohd Ridhuan on both charges and sentenced him to 12 months' imprisonment and a RM10,000 fine, or six months' imprisonment in default, on the first charge, and 14 months' imprisonment and a RM10,000 fine, or six months' imprisonment in default, on the second charge.
The jail terms were ordered to run concurrently.
On Nov 3 last year, the High Court acquitted him on the first charge but upheld his conviction and sentence on the second charge.
At today's proceedings, lawyers Mohammad Hissham Ramdzan, Mohamad Hamizey Mat Taib and Halimaton Saadiah Abu Samah represented Mohd Ridhuan, while the Malaysian Anti-Corruption Commission. Deputy Public Prosecutors Farah Ezlin Yusof Khan, Dr Ifa Sirrhu Samsudin, Nidzuwan Abd Latip and Atirah Mohd Azuarizanuddin appeared for the prosecution. - Bernama
