PUTRAJAYA: The Court of Appeal has upheld a three-year prison sentence and RM80,000 fine against a former police corporal convicted of accepting a RM16,000 bribe.
The court also ordered Azrol Khalil, 41, to serve an additional one year in prison if he fails to pay the fine.
A three-judge panel comprising Justices Azman Abdullah, Mohd Radzi Abdul Hamid and Nadzarin Wok Nordin unanimously dismissed Azrol's appeal against both his conviction and sentence.
In the judgment, dated Sept 28 posted on the judiciary's website, Judge Mohd Radzi said Azrol had failed to rebut the presumption of corruption under Section 50(1) of the Malaysian Anti-Corruption Commission Act 2009 on the balance of probabilities.
He said the evidence clearly showed that the appellant (Azrol) had received the bribe for himself and that the receipt was connected to his position as a public body officer, to close a commercial crime case against the complainant.
"The complainant made the RM16,000 bribe payment as an inducement for the appellant and in reliance on the appellant's representation that he could make any authorised officer close his case," he said.
Judge Mohd Radzi said the court could not accept Azrol's defence that he was merely collecting money on behalf of his superior officer without any personal interest.
"The evidence shows the appellant's active involvement in negotiating the amount to be paid by the complainant, up until the money was received and placed inside his shirt," the judge added.
He said Azrol had requested and received the bribe for himself, even though part of the money might have been distributed to others.
Azrol, 41, was charged with receiving a RM16,000 cash bribe from a 54-year-old man as an inducement to close a commercial crime case against an individual under investigation by the Commercial Crime Investigation Division of the Gombak District Police Headquarters.
The offence was allegedly committed at a restaurant in Taman Prima Sri Gombak, Batu Caves, on Feb 7, 2022.
On Nov 27, 2024, the Sessions Court found Azrol guilty and sentenced him to three years' imprisonment and an RM80,000 fine, or one year's imprisonment in default.
Subsequently, on Aug 11 last year, the High Court dismissed Azrol's appeal and upheld the conviction and sentence imposed by the Sessions Court. - Bernama
