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2012 MarsdenLR 1858

COURT OF APPEAL PUTRAJAYA
AHMADI YAHYA – Appellant
Versus
PP – Respondent


Petitioner Advocates:RSN Rayer ,Respondent Advocate: Saiful Hazmi Mohd Saad DPP

[1] This is an application by Ahmadi bin Yahya (the applicant) by way of a Notice of Motion dated 6 January 2012 in encl 25a for this court to review and to set aside its own decision given on 13 December 2011 in Criminal Appeal No P-06B-13-2007.

[2] The relevant antecedent facts giving rise to this application are these. The applicant was originally charged in the Sessions court at Georgetown for an offence of corruptly accepting gratification under s 11(a) of the Anti Corruption Act 1997 punishable under s 16 of the same Act. On 1 March 2007, after a full trial, the Sessions court convicted the applicant on the said offence and had accordingly sentenced him to 14 days imprisonment and to a fine of RM10,000 in default one year imprisonment. He was also ordered by the Sessions court to pay a penalty of RM1,000. He then appealed to High court against the decision. On 1 November 2007, the High court allowed his appeal. Consequently, the High court quashed the conviction and sentence. The public prosecutor being dissatisfied with the decision of the High court appealed to the court of Appeal. This court heard the appeal on 13 December 2011 wherein at its conclusion this court unanimous

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