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Dec 4 decision on appeal by police officer against three convictions BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Dec 4 decision on appeal by police officer against three convictions

Posted: 21 Nov 2013 09:56 AM PST

Posted on November 22, 2013, Friday

KOTA KINABALU: The High Court here will deliver its decision on December 4 this year on an appeal by a police sergeant cum an assistant investigating officer against his three convictions for receiving bribes.

Justice Ravinthran Paramaguru set the date to give his decision on the appeal by Hashim Mahzin, 56, who was represented by counsel Zahir Shah, against his conviction and sentence.

On January 9 this year, the Corruption Court here sentenced the appellant to a total of 30 months in jail and RM30,000 fine, in default, nine months in jail for three corruption charges committed four years ago.

He was found guilty of the charges framed under Section 16 (a) (B) of the Malaysia Anti-Corruption Commission (MACC) Act 2009 and punishable under Section 24 of the same Act which carries a maximum jail of 20 years and a fine of no less than five times the amount of bribe or RM10,000, whichever is higher, upon conviction.

On the first count, he was jailed for eight months and fined RM10,000, in default, three months in jail for corruptly receiving RM1,000 from a woman for the purpose of settling the case of molesting the woman's relative.

For the second charge, he received another 10 months' jail and RM10,000 fine, in default, three months' imprisonment for accepting a bribe from the same woman for the same purpose and on the third count, he was sentenced to 12 months in jail plus RM10,000 fine, in default, three months' jail for receiving RM500 bribe from a man for the same purpose.

The offences were committed at the Kota Belud police station and a restaurant in Kota Belud between October 16, 2010 and December 14, 2010.

The lower court ordered the appellant to serve his jail sentences concurrently and granted him a stay of execution pending disposal of his appeal at the High Court.

Deputy public prosecutor Mohd Asnawi Abu Hanipah appeared for the respondent.

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Murder convict to know decision on appeal Jan 23

Posted: 21 Nov 2013 09:56 AM PST

Posted on November 22, 2013, Friday

KOTA KINABALU: The Court of Appeal here adjourned to January 23 next year the case of a local labourer, who was convicted of murdering an elderly man five years ago.

Justice Datuk Linton Albert, who sat together with Justices Dato' Anantham Kasinather and Dato' Seri Zakaria Sam, unanimously deferred the case of Mohd Husin Abd Karim, 23, to enable him to find an assigned counsel to represent the appellant.

The High Court here had on April 8, 2011, sentenced Mohd Husin from Kampung Banjar, Keningau, to death for killing the 52-year-old man at the market ground in Keningau on May 10, 2009.

He was found guilty under Section 302 of the Penal Code which is punishable by the mandatory death sentence upon conviction.

Deputy public prosecutor Farah Ezlin acted for the respondent.

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Anwar loses appeal, Shafee qualified to lead prosecution

Posted: 21 Nov 2013 09:21 AM PST

Posted on November 22, 2013, Friday

PUTRAJAYA: Datuk Seri Anwar Ibrahim failed in his appeal at the Federal Court here yesterday to disqualify lawyer Tan Sri Muhammad Shafee Abdullah from appearing as public prosecutor to lead the prosecution in its appeal against his acquittal on a sodomy charge.

A five-member panel chaired by Court of Appeal president Tan Sri Md Raus Sharif unanimously dismissed Anwar's appeal.

Following this decision, the prominent lawyer can lead the prosecution in its appeal which has been set for hearing on Dec 11 and Dec 12, this year at the Court of Appeal.

In his judgement, Md Raus said no case had been made out to disqualify Muhammad Shafee to act as public prosecutor.

"We see no reason to nullify Muhammad Shafee's appointment to act as public prosecutor in the appeal," he said.

Raus presided on the panel with Federal Court judges Tan Sri Abdull Hamid Embong, Tan Sri Ahmad Maarop, Datuk Hasan Lah and Datuk Seri Abu Samah Nordin.

Raus said the issue raised by Anwar's counsel Karpal Singh that Muhammad Shafee could not appear as public prosecutor in the appeal because he (Muhammad Shafee) was a material witness in the sodomy trial, was a non-issue.

"At the trial, both the prosecution and defence did not find Muhammad Shafee a relevant witness," he noted.

Therefore, he said, the issue that there would be a conflict of interest if Muhammad Shafee acted as public prosecutor in the appeal, as contended by Karpal, was a non-issue.

Raus said there was also no merit in Karpal's argument that Muhammad Shafee's appointment as public prosecutor was a nullity as Section 379 of the Criminal Procedure Code, one of the sections under which he was appointed, was no longer applicable.

Anwar, 66, is appealing to the Federal Court against the decision of the Court of Appeal on Sept 18, this year to dismiss his (Anwar's) application to have Muhammad Shafee disqualified from leading the prosecution in its appeal.

On Jan 9, last year, the High Court in Kuala Lumpur acquitted and discharged Anwar on a charge of sodomising his former aide, Mohd Saiful Bukhari Azlan, 26, at Desa Damansara condominium unit in Bukit Damansara here, between 3.10pm and 4.30pm on June 26, 2008.

Judge Datuk Mohamad Zabidin Mohd Diah, in acquitting Anwar, had ruled that there was penile penetration but it was uncorroborated by other evidence.

He had held that the court could not be 100 per cent certain on the integrity of samples taken for DNA testing from Mohd Saiful as the samples could have been compromised before they reached the chemistry department for analysis.

The prosecution lodged an appeal to the Court of Appeal against the High Court's decision.

Muhammad Shafee was appointed to appear as public prosecutor to lead the prosecution in its appeal against Anwar's acquittal by way of a 'fiat' under Section 376 (3) and 379 of the Criminal Procedure Code and Article 145 of the Federal Constitution.

His letter of appointment was signed by the attorney-general on July 2, this year. — Bernama

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‘Tuhan Harun’ remanded to assist in probe on murder of Jaip official

Posted: 21 Nov 2013 08:35 AM PST

Posted on November 22, 2013, Friday

KUANTAN: The leader of the 'Tuhan Harun' deviationist group, Harun Mat Saad, 47, was remanded by the Magistrate's Court here for one week beginning yesterday to assist investigation into the murder of the Principal Assistant Director of Enforcement, Pahang Islamic Religious Department (Jaip), Ahmad Raffli Abd Malik on Nov 10.

Magistrate Tuan Ruzuaini Tuan Lah also issued a remand order for one week on Harun's third wife, Azida Mohd Zol, 30, and his driver, Nor Hairi Harun, 41, at the Kuantan District Police Headquarters' lock-up, here at about 11am yesterday.

On Nov 10, Ahmad Raffli was shot dead by one of three unknown suspects in front of his house at Indera Mahkota 2, here.

Before his death, Ahmad Raffli, 49, was believed to be handling two syariah criminal cases in Pahang, namely the 'Tuhan Harun' deviationist teachings and the syiah movement.

Earlier at the media conference at the Pahang Contingent Police Headquarters, State Deputy Police Chief Datuk Jamaluddin Abdul Majid said Harun was detained at Jalan Hospital, Tangkak, Johor at 3.20pm on Wednesday.

He said Harun's third wife and driver were detained at a house in Jalan Puteri, Taman Bandar Baru Tangkak, Johor, 10 minutes later.— Bernama

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Dec 4 decision on appeal by police officer against three convictions

Posted: 21 Nov 2013 08:34 AM PST

Posted on November 22, 2013, Friday

KOTA KINABALU: The High Court here will deliver its decision on Dec 4 this year on an appeal by a police sergeant cum an assistant investigating officer against his three convictions for receiving bribes.

Justice Ravinthran Paramaguru set the date to give his decision on the appeal by Hashim Mahzin, 56, who was represented by counsel Zahir Shah, against his conviction and sentence.

On Jan 9 this year, the Corruption Court here sentenced the appellant to a total of 30 months in jail and RM30,000 fine, in default, nine months in jail for three corruption charges committed four years ago.

He was found guilty of the charges framed under Section 16 (a) (B) of the Malaysia Anti-Corruption Commission (MACC) Act 2009 and punishable under Section 24 of the same Act which carries a maximum jail of 20 years and a fine of no less than five times the amount of bribe or RM10,000, whichever is higher, upon conviction.

On the first count, he was jailed for eight months and fined RM10,000, in default, three months in jail for corruptly receiving RM1,000 from a woman for the purpose of settling the case of molesting the woman's relative.

For the second charge, he received another 10 months' jail and RM10,000 fine, in default, three months' imprisonment for accepting a bribe from the same woman for the same purpose and on the third count, he was sentenced to 12 months in jail plus RM10,000 fine, in default, three months' jail for receiving RM500 bribe from a man for the same purpose.

The offences were committed at the Kota Belud police station and a restaurant in Kota Belud between Oct 16, 2010 and Dec 14, 2010.

The lower court ordered the appellant to serve his jail sentences concurrently and granted him a stay of execution pending disposal of his appeal at the High Court.

Deputy public prosecutor Mohd Asnawi Abu Hanipah appeared for the respondent.

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