A three-member bench led by Justice Datuk Vazeer Alam Mydin Meera unanimously found the final appeal by Abu Zahrim Ismail, 48, had merit and the statutory presumption under Section 50 of the Malaysian Anti-Corruption Commission Act had no application to the fact of the case.
“Hence, the appeal by the appellant is allowed and the orders of the Sessions Court and High Court set aside,” said Justice Vazeer Alam who sat together with Justices Datuk Supang Lian and Datuk Seri Mariana Yahya on Monday . The judge further said that the Sessions Court in ruling that a prima facie case had been established and upon invoking Section 50, had imposed a higher burden on the appellant, resulting in serious prejudice to the appellant which warranted the appellate court’s intervention.
On Aug 27, 2018, Abu Zahrim was sentenced to four years’ jail and fined RM117,000 or 10 months’ jail in default by the Kuantan Sessions Court after he was found guilty of submitting false claims. The verdict was upheld by the Kuantan High Court on May 10, 2019.
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