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