KUALA LUMPUR: Two policemen and a woman failed to set aside their 12-month jail term and RM10,000 fine for accepting RM1,800 in graft eight years ago.
A High Court in Penang dismissed the appeals of Sergeant Abdul Aziz Mohamed, 45, his wife Umaiyah Saed, 33, and Inspector Mohd Asri Shahadan, 39, ruling that the lower court did not err in handing down the sentences.
Judge Fathiyah Idris said the court agreed that the Sessions Court judge was correct in finding a prima facie case at the close of the prosecution's case and in ordering the accused to enter their defence.
"This court also finds that the trial judge was correct in concluding that the defence failed to rebut the presumption under Section 50 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 on a balance of probabilities.
"The prosecution successfully proved the case beyond a reasonable doubt at the conclusion of the defence's case.
"This court finds that the sentence imposed by the trial judge on all three accused is correct and appropriate for the first offender.
"The sentence also falls within the scope of punishment provided under Section 24 of the MACC Act 2009," she said in her grounds of judgment uploaded on the judiciary department's website today.
The court said it was a well-established principle that a sentence imposed by the trial court could only be altered on appeal if it was clearly inadequate, excessively severe, or not in accordance with the law.
"This court finds no valid reason to interfere with the sentence and will not intervene merely on the basis that it might impose a different sentence than the trial judge," she added.
According to the charge sheet, the trio were charged with soliciting RM1,800 form Mohamad Azzamudden Khalid, 22, to release Modenas Dinamik motorcycle with registration number PGE2263, which was in the custody of Mohd Asri.
The trio were said to have committed the offence at Restoran Ali Baba at Jalan Baru, Bukit Mertajam here at 12.15am on May 13, 2016.
They were charged under Section 16(a)(B) of Malaysian Anti-Corruption Commission Act 2009 which carries a maximum 20 years' jail, and a fine of not less than five times the bribe amount, or RM10,000, whichever is higher.
Lawyer Mohamed Yazzer Azzad Zainudin appeared for Umaiyah and Abdul Aziz while Mohd Asri was represented by Rahmathullah Baharudeen.
Deputy public prosecutor Noor Azura Zulkiflee prosecuted the case.