SHAH ALAM: Former Science, Technology and Innovation Ministry sec-gen Datuk Abdul Hanan Alang Endut heaved a sigh of relief after the High Court today maintained a lower court's decision five years ago to acquit and free him on 10 counts of graft charges involving RM59,390.60.
After Judge Datuk Abdul Halim Aman delivered his judgement and the court adjourned, Hanan, clad in a pale yellow shirt and black pants, was immediately hugged by his wife who had came to give him moral support.
The 65-year-old Hanan said he was thankful that he is a free man again.
"I am very relieved. Thankful to God. Whatever happens after this, I do not know," he said briefly before leaving the court house.
It was reported that on March 30, 2012, the Sessions Court acquitted and discharged Hanan of all the charges under Section 11 (a) of the Anti-Corruption Act 1997, without calling for his defence and after 34 prosecution witnesses testified.
Hanan was charged with accepting bribes, in the form of blank United Overseas Bank cheques belonging to Adam Omar as gratification for approving a TechnoFund for his company, Global Goodway (M) Sdn Bhd.
The offence was allegedly committed at No 25, Jalan 17/21 Section 17 Petaling Jaya, between Dec 1 and 15, 2008.
Hanan was then alleged to have cashed the cheques for certain amounts between Dec 15, 2008 and Feb 27, 2009, for, among others, payments for house repair (RM15,024), tithe (RM25,000), credit cards (RM9,275), assessment and quit rent (RM15) and as deposit in his wife's account (RM8,000).
In his judgement, Halim said he decided to maintain the Sessions Court's decision after studying all the facts and appeal from the prosecution and defence as well as the statements recorded at the Sessions Court.
Halim also stressed that all the elements of the charges failed to be fully proven by the prosecution.
"The statements of the prosecution witness (Adam) and Hanan (respondent) in the caution statements were consistent with the status of the giving and receiving of the cheques.
"At the time of giving, it was solely a loan to a friend and there were no other intentions. The loan was given sincerely and bona fide and had no other intentions, particularly graft. It was a loan promised to be paid back by respondent when he receives his gratuity when he retires.
"This was said by the investigating officer who recorded the prosecution witness's statement that the loan was given to a friend without interest.
"There was also no statement to show that the respondent received the cheques as graft. Overall, I found that the appeal by the prosecution has no merit and it is rejected. The respondent will be freed from all charges and the decision by the Sessions Court is maintained," said Halim.
Hanan was represented by Tan Sri Muhammad Shafee Abdullah while Malaysian Anti-Corruption Commission deputy public prosecutor Hazirah Azeman prosecuted.