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2026 MarsdenLR 265958

HIGH COURT (SIBU)
LEE HENG CHEONG, J
Public Prosecutor (SPRM) – Appellant
Versus
Arifin bin Drahman – Respondent


Advocates:
CH Low (DPP) for the appellant.
Martin George Musa (Rosli bin Gapor with him) for the respondent.

Lee Heng Cheong J:

GROUNDS OF DECISION

INTRODUCTION

[1]The Respondent, Arifin Bin Drahman was charged before the Sessions Court, Sibu with an offence under Section 17 (a)Malaysian Anti- Corruption Commission Act 2009

[2]The learned Sessions Court Judge held that the Prosecution has failed to prove a prima facie case against the Respondent at the end of the Prosecution’s case.

[3]The Appellant, being dissatisfied with the learned Sessions Court Judge’s order of acquittal and discharge, has filed this Appeal against the order of acquittal and discharge.

THE AMENDED CHARGE

[4]The amended Charge against the Respondent reads as follows:-

“That you on 26 November 2014, at about 1530 hrs, at Car Park Kuala Lama, in the District of Mukah, in the Mukah Division, in the State of Sarawak, as an agent of Government of Malaysia, to wit, Pembantu Perikanan Gred 22, attached to Jabatan Perikanan Laut Malaysia, Daerah Mukah, did corruptly agrees to accept for yourself a gratification, to wit, cash money of RM1,500.00, from one, Eirwan Bin Haini, as a reward for you to do an act in relation to your principal’s affair, to wit, to obtain a catering work of “Perkhidmatan menyediakan minuman pagi dan makan ten

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