PUTRAJAYA: The Court of Appeal today overturned a High Court decision that had ordered the Malaysian Anti-Corruption Commission (MACC) to provide a written statement containing favourable facts to company director Datuk Seri Sim Choo Thiam in relation to four graft charges involving RM15 million.
A three-member panel led by Justice Datuk Hashim Hamzah, ruled unanimously that the High Court was wrong in compelling the prosecution to furnish facts that are favourable to the defence.
He said the High Court also erred in its decision that Section 51A(1)(c) of the Criminal Procedure Code (CPC) stands on the same legal footing as Section 51 of the CPC.
Sitting with Justice Hashim were Justices Datuk Azizul Azmi Adnan and Datuk Faizah Jamaludin.
The court allowed the prosecution’s appeal to set aside the High Court’s order, reinstating the Sessions Court’s decision that had rejected Sim’s request for the statement.
Section 51 pertains to summonses for production of documents or other things, while Section 51A (1) (c) requires the prosecution to provide the accused, prior to trial, with a written statement of any facts that are favourable to the defence.
The Sessions Court has fixed June 30 for mention of Sim’s graft case.
On May 10, 2023, Sim, 55, was charged with allegedly soliciting a RM15 million bribe from Hep Kim Hong, the managing director of Asia Coding Centre Sdn Bhd, through Syed Abu Zafran Syed Ahmad, as an alleged inducement for former minister Datuk Seri Hamzah Zainuddin to award projects to the company.
He was also charged with three counts of accepting RM15 million in bribes from the same individual as an inducement for Hamzah to do similar things. The offences were allegedly committed at two different locations - Shaas Holdings office and a parking lot at Solaris Dutamas, Jalan Dutamas 1, Kuala Lumpur, between June and July 2021.
The charges were framed under Section 16(a)(B) of the MACC Act 2009, which is punishable under Section 24(1) of the same Act, which carries a maximum imprisonment of 20 years and a fine of not less than five times the amount of the bribe or RM10,000, whichever is higher, upon conviction.
On July 4, 2023, Sim filed a revision application seeking the prosecution to furnish written statement of facts favourable to his defence under Section 51A (1) (c) of CPC after the Sessions Court, in Sept, the same year, dismissed his application for the written statement of facts.
Sim claimed the MACC had recorded a statement from Hamzah, whose name was mentioned in Sim’s charges, only after he (Sim) was charged in court.
On March 21, last year, the High Court allowed the revision application, directing MACC to furnish the statement after finding there were favourable facts to be disclosed by the prosecution to Sim before the trial. This prompted the prosecution to file an appeal to the Court of Appeal.
In today’s proceedings before the Court of Appeal, Deputy Public Prosecutors from the MACC, Farah Ezlin Yusop Khan, Dr. Ifa Sirrhu Samsudin, Nurul Qistini Qamarul Abrar and Muhammad Asraf Mohamed Tahir appeared for the prosecution while lawyers Datuk Hisyam Teh Poh Teik, Low Wei Loke and Kee Wei Lon represented Sim.
