KUALA LUMPUR: A former Kuala Lumpur City Hall (DBKL) senior officer was acquitted and discharged by the Sessions Court today of two charges of receiving bribes worth RM200,000 relating to the issuance of work permits.
Sessions Court judge Rozina Ayob freed Sabudin Mohd Salleh, 60, after the court found that the prosecution had failed to prove its case beyond reasonable doubt.
She said the defence successfully refuted the presumption under Section 50 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, after examining and weighing testimonies from both prosecution and defence witnesses.
"This court found that there is no ground to convict the accused based on all available evidence.
"Therefore, the accused, is now released and acquitted of both charges for offences under Section 17(a) of the MACC Act 2009," she said.
The presumption under Section 50 of the MACC Act 2009 stated that the gratification shall be presumed to have been corruptly received or agreed to be received, solicited, given or agreed to be given, promised or offered as an inducement or a reward for or on account of the matters set out in the particulars of the offence unless the contrary is proved.
Sabudin, who was then senior deputy director with the DBKL Civil Engineering and Urban Transport division, was charged with receiving a bribe of RM200,000 in cash from Wong May Kuan, a subcontractor of Dusari Niaga tasked with grinding and resurfacing works for DBKL at the time, as an inducement for him to issue work permits to the company.
He was charged with committing the offences at a petrol station convenience store at Jalan Lingkaran Tengah 2, Bukit Antarabangsa here, and in front of his residence in Ukay Perdana, Ampang, on June 9, 2018, and Jan 17, 2019, respectively.
His charges were framed under Section 17(a) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries a maximum of 20 years jail, a fine amounting to no more than five times the amount of bribes received, or whichever is higher, upon conviction.
Sabudin, who was sitting in the dock, clad in a dark-blue suit, cried tears of relief after the verdict was read out by Rozina.
It is learnt that Sabudin is having knee injuries, which require immediate medical attention including surgery.
He was taken into the courtroom in a wheelchair by one of his family members earlier today.
He was also seen struggling to stand up after the verdict was read, to perform an immediate sujud syukur (prostration of gratitude).
However, he was advised by his lawyers to remain calm and seated considering his health issues.
Sabudin's lead counsel K. Theivaendran told reporters after today's proceeding that his team was relieved and satisfied with today's verdict, while the prosecution, led by Datuk Wan Shaharuddin Wan Ladin said they would be filing for an appeal at High Court soon.
On March 24, High Court Judge Mohamed Zaini ordered Zaini to enter his defence against the charges after allowing the prosecution's appeal to set aside a Sessions Court's verdict which had acquitted him in December 2020.
Sabudin then entered his defence beginning May 12, by presenting four more witnesses. The defence then close its case on July 4.
However, he still has one more ongoing trial involving six charges of receiving bribes worth more than RM1 million before Sessions Court judge Azura Alwi, and another appeal awaiting a verdict at the Court of Appeal.
The appeal is relating to one count of receiving RM150,000 bribes in 2019 from Chia Chee Seng, who is a director of Tegap Elit Sdn Bhd, as an inducement for him to verify the claims for advance payment submitted by several companies.
He was charged with committing the offence at a house in Ukay Perdana here between Aug 13 and 19, 2018.