PUTRAJAYA: The Court of Appeal has reinstated the corruption conviction of a former Universiti Sains Malaysia lecturer and his brother, ordering them to serve immediate three-year prison sentences.
A three-judge panel chaired by Judge Datuk Mohamed Zaini Mazlan overturned the High Court’s acquittal of both respondents from February last year.
The court also upheld the original fines of RM807,475 imposed by the Sessions Court against both individuals.
Justice Mohamed Zaini ruled that the High Court had erred in finding that the Sessions Court judge misdirected the case regarding statutory presumption application.
He stated that the statutory presumption under Section 23(2) of the MACC Act automatically applies once charges are brought under Section 23(1).
The court found the Sessions Court’s factual findings and evaluation were sound and should not be disturbed.
Justice Mohamed Zaini confirmed the conviction recorded by the Sessions Court was safe to be upheld.
The prison sentences take effect immediately with warrants of committal issued against both respondents.
Badaruddin Mohamed was originally convicted on nine counts of abuse of power in August 2022.
He abused his position as director of USM’s Strategic Communication Office to approve his brother’s company as a supplier.
The offences involved goods and souvenirs valued at RM153,793 supplied between 2011 and 2012.
Badaruddin also misused his position as head of USM’s Sustainable Tourism Research Cluster for additional supply approvals.
Mustafa Kamal Mohamed was convicted of abetting his brother under the MACC Act.
The prosecution successfully argued that the High Court erred in its interpretation of statutory presumption requirements.
MACC deputy public prosecutor Farah Ezlin Yusof Khan contended the law imposes no requirement for explicit statement of presumption application. – Bernama
