PUTRAJAYA: A former senior Malaysian Anti-Corruption Commission (MACC) officer was acquitted of charges related to providing false information about his identity during a khalwat (close proximity) raid six years ago.
This is after the Court of Appeal led by Datuk Ahmad Zaidi Ibrahim today overturned the lower court decision in convicting Fikri Rahim, a former head of MACC's anti-money laundering and forfeiture of properties division, under Section 177 of the Penal Code, FMT reported.
Other members of the bench were Datuk Azmi Ariffin and Datuk Noorin Badaruddin.
Zaidi said the defence had cast doubt on the prosecution's case as the 49-year-old appellant was not allowed to disclose his identity without authorisation from the MACC's chief commissioner.
"In good faith, he could not reveal his true identity as provided under the MACC Act," he said.
The judge said that the High Court made an appealable error by overturning the magistrate's acquittal of the accused.
"The conviction by the High Court is not safe and ought to be set aside," he said.
The court also ordered that the RM1,500 fine paid by the appellant be refunded to him.
On Feb 17, 2022, Fikri was acquitted by the magistrate court of giving false information when submitting details on Jais' enforcement management division personal information form to Fatin Afikah Mustapa.
The offence was allegedly committed at Jais' office at Menara Utara, Sultan Idris Shah Building, Section 5, Shah Alam, at 4am on Dec 16, 2017.
However, the High Court had set aside the lower court's decision and imposed a RM1,500 fine against Fikri.
According to the facts of the case, Fikri was arrested with a woman, also an MACC officer during a raid by Jais at a condominium at about 2am on Dec 16, 2017.
The defence argued that the two individuals were present to monitor corruption activities among certain government agencies.
Fikri provided his undercover identity because he believed he was not allowed to reveal that he was an MACC officer.
He received authorisation to disclose his identity at 11am the same day and returned to Jais' office around 2pm to correct the earlier misinformation.
After the proceedings, Fikri expressed relief that his ordeal was finally over.
"It has been a long six-year court battle to clear my name," he said.
Lawyers Tiara Katrina Fuad and Selvam Mookiah represented Fikri, while deputy public prosecutors Yusaini Amer Abdul Karim, Zaki Asyraf Zubir and Aida Khairuleen Azli prosecuted.