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2021 MarsdenLR 81
HIGH COURT MALAYA KUALA LUMPUR
YOUGANESPARAN MUNIANDY – Appellant
Versus
PP – Respondent
[Criminal Appeal No: WA-42R-15-12/2018]
The court affirmed that receipt of gratification under the MACC Act was proven, supporting conviction despite the accused's defense arguments of business dealings.
Headnote:(A) Malaysian Anti-Corruption Commission Act 2009 – Sections 16(a)
(B) and 24 – Conviction for corruptly receiving gratification – Accused received RM20,000.00 as alleged inducement to settle a case against complainant – Evidence, including phone recordings and witness testimonies, confirmed receipt of payment – No reasonable doubt raised by defence regarding the charge. (Paras 1, 2, 30, 72)
Facts of the case: The accused was charged with receiving a bribe in connection with a MACC investigation against the complainant, with evidence pointing to a planned entrapment involving the transfer of marked notes.
Findings of Court: The trial court found the prosecution established a prima facie case, confirming the receipt of gratification and invoked the presumption under the Act appropriately.
Issues: The main issues addressed included the validity of the conviction under the MACC Act and the adequacy of the imposed sentence.
Ratio Decidendi: The court affirmed the trial court's findings, citing overwhelming evidence of the accused's intent to receive gratification as inducement for settling a case, dismissing appeals on conviction and sentence.
Result: Appeals dismissed.
JUDGMENT
Introduction
[1] The parties in the present appeal are referred to as they were at the trial court. The accused was convicted on a charge of corruptly receiving gratification under s 16(a)(B) of the Malaysian Anti-Corruption Commission Act 2009 ("MACC Act 2009") and sentenced to imprisonment for the period of 30 years and a fine of RM100,000.00 in default 18 years of imprisonment. The accused appealed against the conviction and sentence.
The Charge
[2] The charge proffered against the accused reads as follows:
"Bahawa kamu pada 30 May 2017 jam lebih kurang 9:15 malam di Dome Cafe, Lot G20, Vista Power, The Intermark, Jalan Tun Razak, dalam Wilayah Persekutuan Kuala Lumpur, telah secara rasuah menerima suapan iaitu wang tunai sebanyak RM20,000.00 daripada Mohd Emir Mavani bin Abdullah (K/P No: 631015-04-5277), kononnya untuk diberikan kepada pegawai Suruhanjaya Pencegahan Rasuah Malaysia sebagai suatu dorongan kepada pegawai SPRM itu menyelesaikan kes berkaitan Mohd Emir Mavani bin Abdullah yang disiasat oleh SPRM, dan dengan ini kamu telah melakukan satu kesalahan di bawah s 16(a)(B) Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009 dan boleh dihukum di bawah s 24 Akta yang sama.".
The Case For The Prosecution
[3] Sometime in Jun 2016, the complainant, Datuk Mohd Emir Mavani bin Abdullah (PW8), was introduced to the accused by his friend, Vincent. PW8 knew the accused then as a journalist with The Star. Sometime in the second or third week of January 2017, PW8 received a Whatsapp message from the accused. The accused wanted to meet up with PW8 about the Malaysian Anti-Corruption Commission ("MACC") case against PW8. At that time, PW8 was unable to meet up with the accused.
[4] Sometime in February 2017, PW8 had a chance meeting with the accused at the lobby of the Double Tree Hilton Hotel. There, the accused mentioned to PW8 again about the MACC case and asked for PW8 to contact him for a meet up. Both the accused and PW8 eventually met at the Secret Recipe restaurant at The Intermark building, Jalan Tun Razak. In that meeting, PW8 inquired from the accused about the MACC case. PW8 also asked about the accused's friend at the MACC who purportedly wanted to help out PW8. The accused refused to let PW8 know of his friend at the MACC but said that his friend will be able to help out PW8 on the condition that PW8 make some payments. According to PW8, the accused asked for RM70,000.00.
[5] Later, the accused contacted PW8 a few times to ask for the RM70,000.00 purportedly to be given to the accused's friend at the MACC. This occurred between the months of February to May 2017. In all these instances, the accused remain tight-lipped about the identity of his friend at the MACC despite PW8 asking the accused to disclose the name of the MACC officer. On 30 May 2017, PW8 decided to lodge a report to the MACC. PW8 lodged a report with the MACC vide IPJ Report No 243/2017 (Exhibit P13).
[6] In consequence of the report lodged by PW8, MACC Senior Superintendent Fairos Danial bin Mazlan (PW5) headed the MACC special projects team to entrap the accused. For the purposes of the entrapment,:
(a) PW5 instructed PW8 to contact the accused for a meet up on the same day (30 May 2017) at about 9:00 pm at the Dome Cafe at the Double Tree Hilton Hotel at The Intermark building ("Dome Cafe"),
(b) PW8 was instructed to give to the accused mark notes in the sum of RM20,000.00 ("marked notes"),
(c) once the mark notes have been given to the accused, PW8 was supposed to take off his wristwatch to gesticulate that the money has been given to the accused,
(d) MACC Assistant Superintendent Mohamad Rizal bin Ismail (PW7) was tasked to set up the audio-visual recording device to capture the event during the planned entrapment,
(e) the following MACC officers were instructed to take seating positions close to PW8 and the accused during the planned entrapment:
(i) MACC Assistant Superintendent Mohamad Fuad bin Rozali (PW1),
(ii) MACC Assistan
