PUTRAJAYA: The Court of Appeal upheld a 26-month prison sentence for a former Federal Territory Kuala Lumpur Drainage and Irrigation Department (DID) director, who was convicted on three counts of accepting bribes a decade ago.
According to Buletin Utama, the three-judge panel, chaired by Datuk Ahmad Zaidi Ibrahim, dismissed Datuk Abu Bakar Mohd Yusof's appeal to overturn the High Court's decision, which affirmed the Sessions Court's conviction.
Sitting alongside were Judges Datuk Azman Abdullah and Datuk Azmi Ariffin.
Delivering the unanimous decision, Judge Azmi stated that the court found no merit in the appeal, affirming that the conviction against Bakar was safe to maintain.
"Based on the reasons and arguments presented by both the prosecution and defence, we unanimously hold that there is no merit in the appellant's case for us to intervene in the Sessions Court's decision. The accused is guilty of all three charges," he said.
On Nov 23, 2018, the Sessions Court in Shah Alam, Selangor, sentenced Bakar, 69, to 26 months in prison and fined him RM133,326.40 after finding him guilty of accepting bribes in the form of hotel accommodation and RM20,000 in cash from the owner of a company between 2014 and 2015.
Judge Rozilah Salleh also sentenced a former draftsman at the department, Mohd Nasir Mohd Isa, to 42 months in prison and fined him RM222,500 for accepting bribes in the form of hotel stays and RM40,500 in cash from the same company owner.
Bakar was accused of receiving bribes, including hotel accommodation in Sepang, Selangor, valued at RM2,097.28, and in Port Dickson, Negri Sembilan, worth RM4,568.
He was also charged alongside Mohd Nasir with accepting RM20,000 in cash.
The bribes, received from the owner of Warna Generasi Sdn Bhd, Mazlan Jamaluddin, were allegedly an inducement to appoint the company for contracts involving the extraction of rock, sand, and sediment at Batu Dam and to ensure the continuity of those contracts.
Both men committed the offences at several locations in Klang Valley and Port Dickson between Nov 29, 2014 and June 14, 2015.
The offences were charged under Section 24 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries a maximum penalty of 20 years in prison and a fine of no less than five times the value of the bribe or RM10,000, whichever is higher.
Bakar was sentenced to two months' imprisonment for the first conviction, four months for the second, and 20 months for the third.
The prison sentences were ordered to run consecutively, requiring him to serve each term separately.
He later appealed to the Court of Appeal after the High Court dismissed his appeal on Oct 31, 2022.
Bakar was represented by lawyer Ainur Azalia Ayoub, while the prosecution was led by Deputy Public Prosecutors Mohammad Asraf Mohamed Tahir and Noralis Mat.
During proceedings, Ainur Azalia requested that the sentences run concurrently instead of consecutively and noted that the fines had already been paid by the accused.
However, Noralis objected, arguing that the offences were severe and involved a public servant.
Judge Ahmad Zaidi ruled that the sentences remain consecutive and issued a committal warrant for Bakar to begin his prison term immediately.
"Upon consideration of the Act and the charges faced by the accused, the three offences committed are distinct. Therefore, the prison sentences will run consecutively.
"The appeal and conviction are dismissed," he said.