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2007 MarsdenLR 2829 ; 2007 MarsdenLR 1

VT SINGHAM
DATO HJ AZMAN MAHALAN – Appellant
Versus
PP – Respondent


Advocates:
For the appellant - Dato Muhamad Shafee Abdullah (Badrul Munir with him); M/s Shafee & Co
S Theivanthiran (Shan Theivanthiran with him); M/s Thevin Chandran & Assoc
Tun Ammar Aziz; M/s Ammar Aziz & Co
For the prosecution - Nordin Hassan (Muhammad Sinti) DPP; Anti- Corruption Agency

JUDGMENT

VT Singham J:

[1] This is an appeal by the appellant against the decision of the Sessions Court Judge, Ipoh who found the appellant guilty on 22 August 2005 of the charges of corruptly having given gratification on 6 April 2001 to wit, a sum of RM2,000 on the first charge and further sum of RM5,000 on 9 April 2001 on the second charge as an inducement to Mohd Kamal bin Rabaai (PW1) in order that the said Mohd Kamal will not accept settlement from Pazli bin Abdullah Sani (PW6) so that Pazli bin Abdullah would remain a bankrupt and would not be qualified to contest against the appellant for the post of Division Head of UMNO; Tapah on 22 April 2001; both the offences are under s. 10(b)(aa) of the Anti Corruption Act 1997(hereinafter referred to as 'the 1997 Act') and punishable under s. 16 of the same Act.

[2] The appellant was convicted and sentenced to two years imprisonment and fined a sum of RM10,000 in default of payment to six months imprisonment on the first charge and sentenced to two years imprisonment and fined a sum of RM25,000 in default of payment to one year imprisonment on the second charge. Both the sentences of imprisonment were ordered to run concurrently. H

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