PUTRAJAYA: The Court of Appeal has overturned the conviction and RM1,500 fine imposed on a Malaysian Anti-Corruption Commission (MACC) senior officer for providing false information on his identity to the Selangor Islamic Religious Council (JAIS) during a khalwat raid in 2017.
A three-judge panel comprising Court of Appeal judges Datuk Ahmad Zaidi Ibrahim and Datuk Azmi Ariffin, and High Court judge Datuk Noorin Badaruddin allowed Fikri Ab Rahim’s appeal.
They restored the Magistrate’s Court decision that had acquitted and discharged him of the charge.
In delivering the court’s decision, Justice Ahmad Zaidi said it was undisputed that Fikri, 49, had provided false information to a JAIS officer under Section 117 of the Penal Code.
However, he said the defence had argued there was no malicious intent behind Fikri’s action. Instead, he acted solely to protect his identity in accordance with a directive from the Chief Commissioner of MACC under Section 6(4) of the MACC Act.
He said the court found that Fikri had successfully created a doubt in the prosecution’s case, making his conviction unsafe to uphold.
Justice Ahmad Zaidi said the High Court committed an appealable error when reversing the Magistrate’s Court’s acquittal of the appellant (Fikri).
“We allow the appeal. The conviction and fine imposed by the High Court are set aside. The appellant is acquitted and discharged of the charge,” he said.
He also ordered that the RM1,500 fine paid by Fikri be refunded. Fikri is a senior officer with the Governance Investigating Department at MACC and previously served as the director of MACC Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act division.
Fikri was initially charged at the Magistrates’ Court with two counts of providing false information to two JAIS officers Fatin Afikah Muhamad Mustapa and Mariah Mukhyuddin at the JAIS office in Sultan Idris Shah Building in Shah Alam, Selangor on Dec 16, 2017.
He was acquitted and discharged without the need to enter his defence on the charge of providing false information to Mariah. The prosecution sought to appeal to the High Court but its application for an extension of time to file the appeal was rejected.
Regarding the other charge, Fikri was acquitted and discharged by the Magistrate’s Court on Feb 17, 2022. However, on March 15 last year, the High Court allowed the prosecution’s appeal, overturned the acquittal, convicted him and imposed a RM1,500 fine.
The facts of the case disclosed that a team of JAIS officers had raided a condominium at 2.40 am on Dec 16, 2017 and found Fikri with a woman, also an MACC officer, in the premises.
In today’s proceedings, Fikri’s counsel Tiara Katrina Fuad said her client had been issued a special identity card for undercover operations.
She said both Fikri and the woman were involved in an undercover operation to monitor corruption activities within certain government agencies. She also told the court that Fikri was acquitted of the khalwat charge in November 2023.
She said her client gave his undercover identity because he believed he was prohibited from revealing that he was an MACC officer due to a directive from the then MACC Chief Commissioner Tan Sri Dzulkifli Ahmad, which he was required to follow.
Tiara Katrina said that on the same day, after obtaining approval from his superior, Fikri returned to JAIS office to reveal his real identity.
Deputy public prosecutor Zaki Asyraf Zubir, appearing for the prosecution, submitted that Fikri could have revealed his true identity since he was not on duty at the time.
He contended that Fikri had provided false information to a public officer and failed to establish a reasonable doubt in the prosecution’s case.
Deputy public prosecutor Datuk Yusaini Amer Abdul Karim and Aida Khairuleen Azli also represented the prosecution. Meanwhile, lawyer Datuk Selvam Mookiah also represented Fikri.
