KUALA LUMPUR: The High Court here today upheld the three years and five years imprisonment imposed on Former Rural Development Ministry secretary-general Datuk Mohd Arif Ab Rahman and his son Ahmad Zukhairi for graft charges involving a total of SG$200,000 (RM627,833).
Judicial Commissioner Datuk Aslam Zainuddin made the decision after dismissing an appeal by the duo - who were found guilty by the Sessions Court two years ago - against their conviction and sentence.
Mohd Arif was also fined RM3 million in default of 3 years' imprisonment while his son Ahmad Zukairi was slapped with RM9.6 million fine in default of 10 years' imprisonment by Sessions Court judge Azura Alwi.
Deputy public prosecutor Wan Shaharudin Wan Ladin said the court found that the conviction and sentences by the Sessions Court were safe to uphold.
"The judge said Sessions Court judge Azura Alwi did not err when sentencing the duo after they went for a full trial two years ago.
"The judge then maintained the sentences against the duo," he said when met after the proceeding.
Azura in her judgment said the defence had failed to raise reasonable doubt against the prosecution's case.
"The prosecution team managed to prove that there is an element of soliciting and receiving bribes committed by the first accused (Ahmad Zukhairi).
"The defence also failed to give an honest explanation during trial and the statement from the witnesses were mere denials," she said.
Counsel Guok Ngek Seong who represented the duo applied for a stay of execution pending their appeal at the Court of Appeal.
However, Wan Shaharudin challenged the application stating that the accused need to pay their fines despite their appeal (at the Apex Court).
"We do not have any objection for stay of execution on the imprisonment but the accused must pay their respective fines.
"They can still get their money back if they win at the Court of Appeal.
"If the court allows a stay of execution, this will open the floodgates for other cases in the future," he said.
However, the court eventually allowed a stay of execution for both the jail term and fine.
The court also increased bail from RM500,000 to RM800,000 for each of the accused.
Mohd Arif, 61, was found guilty of abetting Ahmad Zukhairi, and using his position to procure gratification from Mohd Safian Mohd Salleh, who is the director of Syarikat Wazlina Sdn Bhd.
He is alleged to have accepted SG$200,000 (RM627,833) as an inducement for awarding a RM60 million Rural Electricity Supply (BELB) project pertaining to a solar hybrid system in four remote islands off Sandakan, Sabah, to Syarikat Eramaz (M) Sdn Bhd, via direct negotiation.
Meanwhile, Ahmad Zukhairi, 36, was slapped with four counts of soliciting and receiving bribes from several projects involving the Rural Development Ministry.
He allegedly received SG$200,000 (RM627,833) with his father for the same project in four remote islands off Sandakan, Sabah.
Ahmad Zukhairi was also found guilty of soliciting a two per cent commission from contractor Mohd Safian Mohd Salleh, as a bribe to assist Eramaz (M) Sdn Bhd in securing the 'Solar Hybrid Rural Electricity Supply' project for six islands in Sandakan, Sabah worth RM60 million.
He was also charged with accepting RM70,000 from Zul Fadli Rozi as a payment to assist HH Global Construction Sdn Bhd to acquire a project in Tasik Kenyir, Terengganu on Aug 18, 2016.
Zukhairi had also accepted another RM50,000 from Zul Fadli Rozi for the same purpose at the Garden Course Glenmarie Golf and Country Club in Shah Alam in Sept 2016.