Kota Kinabalu: The High Court here upheld the acquittal of a policeman from three corruption charges involving alleged bribes linked to undocumented individuals totalling RM3,200.
Judge Maslinda @ Linda Mohd Ainal on Monday dismissed the prosecution’s appeal against the Sessions Court’s decision to discharge and acquit Corporal Margani Arpah, 61, at the end of the prosecution’s case.
In delivering her ruling, Maslinda held that the appeal did not warrant the court to interfere with or disturb the ruling made by the Sessions Court Judge.
“Therefore, the Sessions Court judge’s decision is affirmed and the appeal is dismissed,” said the court.
Margani was on Nov 23, 2023, discharged and acquitted of the charges by the Sessions Court here, without his defence being called.
He had been charged with allegedly soliciting and receiving cash bribes on August 22, 2018, behind the Warisan Square police post near Centre Point building here.
According to the charges, he was accused of first corruptly soliciting RM2,000 from one Anisa Hassan at about 5pm as an inducement not to take action against two individuals who were allegedly without identity documents.
He was further charged with receiving RM900 at about 5.26pm and RM300 at about 6.26pm on the same day, each from Anisa purportedly as inducements not to act against the same individuals.
The first charge was framed under Sections 16(a)(B) of the Malaysian Anti-Corruption Commission Act 2009, while the second and third charges were under Section 17(a) of the same Act, all punishable under Section 24.
The trial began on April 17, 2023, and the prosecution closed its case on Oct 2, 2023, after calling 12 witnesses.
Dissatisfied with the order of discharge and acquittal, the prosecution filed an appeal, raising six grounds.
Margani was represented by counsel Luke Ressa Balang.
