MARCH 11 — Section 23 of the Malaysian Anti-Corruption Commission Act provides for the offence of using office or position for gratification.
The defence did not challenge the position and accepted that the accused was an officer of a public body at the material time.The prosecution must prove that the accused had used his position for gratification whether for himself, his relative or associate.Under the same Section 3, “gratification” includes donation and “associate” includes any organization of which the person is “a person in charge or in control of” the organisation.
There are two related aspects to this presumption. The first is whether the accused made the decision or was involved in the decision making which is the subject of the charge and the second is whether the accused had an interest in any such decisions or actions by invoking presumptions of law — that is, adducing credible evidence of the relevant basic facts, to invoke a statutory presumption that the ingredient exists.
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