JUDGMENT

Lee Heng Cheong J:

Background

[1] The respondent was charged with two offences under s 17(b) Malaysian Anti-Corruption Commission Act 2009 (Act 694) ("MACC Act 2009") and punishable under s 24(1) of the same Act. The respondent was discharged and acquitted by the learned Sessions Court Judge, of both offences at the close of the prosecution's case as the learned Sessions Court Judge ruled that a prima facie case was not made out.

[2] The 2 charges preferred against the respondent are set out below:

The first Charge

"That you, on 18th June 2017, at about 0630 hrs, on the vessel named One United 15, at position 04 degree 13.470 minutes North, 113 degree 03.739 minutes East, in Malaysian Water, did corruptly give gratification of RM 1,500.00 to an agent of the Government of Malaysia, to wit, Mohd Zahir Bin Mohamad Basri, Maritime Lieutenant attached to the Malaysian Maritime Enforcement Agency, Miri District 13,as an inducement forbearing to do an act in relation to your principals affairs, to wit, is to forbear from taking legal action against you, who allegedly has committed an offence under s 8(a) of the Fisheries Act 1985(Act 317), and that you have thereby committed an offence under s 17(b) Malaysian Anti-Corruption Commission Act 2009 (Act 694) and punishable under s 24(1) of the same Act."

The second Charge

"That you, on 18th June 2017, at about 1300hrs, on the vessel named One United 15, at position 03 degree 49.547 minutes North, 113 degree 03.626 minutes East, in Malaysian Water, did corruptly give gratification of R111 1,500.00 to an agent of the Government of Malaysia, to wit, Mohd Zahir Bin Mohamad Basri, Maritime Lieutenant attached to the Malaysian Maritime Enforcement Agency, Miri District 13,as an inducement forbearing to do an act in relation to your principals affairs, to wit, is to forbear from taking legal action against you, who allegedly has committed an offence under s 6(1)(c) Immigration Act 1959/63 (Act 155), and that you have thereby committed an offence under s 17(b) Malaysian Anti-Corruption Commission Act 2009 (Act 694) and punishable under s 24(1) of the same Act."

The Appellant/Prosecution's Case

[3] On 16 June 2017, Lt Mohd Zahir bin Mohamad Basri (PW3) from the Malaysia Maritime Enforcement Agency testified that he and his team were carrying out an "Ops Permai 01-06" in Malaysian waters, together with inter alia Laskar Kanan Mohammad Takdir Ramadhani (PW4).

[4] At about 0524 hrs on 18 June 2017, PW3 and his team pursued a few vessels which were suspected of being involved in illegal activities. After about 30 minutes of chasing, PW3 and his team managed to stop one vessel namely "One United 15". PW3 together with PW4 went aboard the said vessel to carry out the inspection and met "the Tekong" who is the respondent herein. When asked to produce the relevant documents for the vessel and his crew, the respondent handed over one transparent file folder to PW3. In the said file folder, PW3 saw some Malaysian bank notes kept inside together with passports of the respondent and his crew, licence and some other documents.

[5] The appellant contended that the respondent kept nodding his head when the PW3 examined the said file folder which PW3 construed as the respondent offering a bribe to PW3, by asking him to take the money. PW3 then took the Malaysian bank notes, counted them and they amounted to RM1,500 (all in RM100 notes). PW3 kept the money in the said file folder which was with him all the time.

[6] On the same day, at about 1300 hours, when PW3, PW4 and the respondent were at the Tekong's room, the respondent pointed to a cabinet behind him. PW3 then instructed PW4 to check what was in the cabinet that was being pointed out by the respondent. PW4 conducted a check and found out there were some money (all in RM100 notes) kept in the cabinet. PW4 then took out the money and showed it to PW3.

[7] The respondent then responded by nodding his head, purportedly signaling to PW3, to take the said money but