PUTRAJAYA: The Court of Appeal here today acquitted and discharged former secretary-general of the Rural and Regional Development Ministry Datuk Mohd Arif Ab Rahman of the charge of abetting his son in SG$200,000 (RM627,636) bribery case in connection with a rural electricity supply (BELB) project in Sandakan, Sabah, nine years ago.
A three-member panel led by Federal Court judge Datuk Vazeer Alam Mydin Meera, alongside the Court of Appeal judges Datuk Lim Chong Fong and Datuk Azizul Azmi Adnan, in a unanimous decision, allowed Mohd Arif’s appeal to quash his conviction and a three-year jail sentence and a RM3 million fine.
However, the court upheld the conviction against Mohd Arif’s son, Ahmad Zukhairi, on four counts of soliciting and receiving bribes amounting to SG$200,000 in connection with several projects involving the ministry in 2016.
Justice Vazeer Alam reduced the jail sentence from five years to four years for all four charges, while the RM9.6 million fine was maintained.
“As for the 10-year prison sentence in default of fine payment, it will be reduced to six years,” he said.
Justice Azizul Azmi when reading the judgment said the circumstantial evidence against Mohd Arif, 68, is not sufficient to prove his culpability.
He said the evidence as a whole did not support the act of abetment and the evidence presented by the deputy public prosecutor cannot be considered abetment under Section 16 of the Malaysian Anti-Corruption Commission (MACC) Act.
Meanwhile, the judge stated that the conviction of Ahmad Zukhairi, 43, for soliciting and accepting bribes was a finding of fact, to which the court found no error.
“The appellate court is not persuaded by the learned counsel that there is a misdirection by the court’s below that warrants an acquittal. The conviction of the second accused (Ahmad Zukhairi) is safe and upheld.
“Therefore, the first appellant’s (Mohd Arif) appeal is allowed, while the second appellant’s appeal is dismissed,” he said and ordered Ahmad Zukhairi to begin his jail sentence starting today.
On Nov 14, 2018, the Sessions Court found Mohd Arif guilty of abetting Ahmad Zukhairi, in accepting SGD$200,000 (RM627,833) from Syarikat Wazlina Sdn Bhd director Safian Salleh.
He was charged with accepting the money as gratification and an inducement to secure a hybrid solar system project in four remote islands off Sandakan, Sabah, worth RM57.5 million, which was awarded to Syarikat Eramaz (M) Sdn Bhd, an associate company of Syarikat Wazlina at Royal Lake Club, Jalan Cenderamulia, Kuala Lumpur between 4 pm and 7 pm on Aug 23, 2016.
Ahmad Zukhairi, a businessman, was convicted of four counts of soliciting and accepting bribes in connection with several projects involving the ministry in the same year.
Their appeals were dismissed by the High Court on March 23, 2021, prompting them to take their case to the Court of Appeal.
