KOTA KINABALU: The Court of Appeal here yesterday upheld the acquittal of an enforcement officer of the Sabah Islamic Affairs Department (JHEAINS) who was charged with receiving bribe of RM500 six years ago.
Justice Tan Sri Dato’ Seri Md Raus Sharif, who sat together with Justices Datuk Clement Allan Skinner and Dato’ Azahar Mohamed, unanimously affirmed the acquittal of Asmuni Ali, 41, by the High Court on March 15, 2012.
The charge stated that the respondent, who was defended by counsel Hamid Ismail, had corruptly received cash from a man as an inducement for helping him solve the victim’s close proximity case, which is an offence under the Enactment of Syariah Criminal Offences (Sabah) 1995.
The indictment came under Section 11 (a) of the Prevention of Corruption Act 1997, which carries a jail term of between 14 days and 20 years and a fine up to five times the amount of bribery or RM10,000 depending on whichever amount is higher, upon conviction.
On March 17, 2007, the Sessions Court found him guilty of committing the offence and was sentenced to three months’ jail and RM10,000 fine, in default, three months’ imprisonment.
Subsequently, on March 15, 2012, the respondent appealed to the High Court whereby his conviction and sentence was set aside and he was given a discharge and an acquittal.