Cop’s graft trial deferred as star witness missing

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KOTA KINABALU: The Corruption Court here yesterday fixed October 16 this year for resumption of the trial of a sergeant charged with four counts of bribery.

Judge Caroline Bee Majanil set the date for Roas Alaari, 51, who was defended by counsel Zahir Shah, when the case came up for mention yesterday.

Earlier, MACC prosecuting officer Awang Shamsul Bongsu made an application for the accused to be discharged not amounting to an acquittal.

In making the application, Awang Shamsul submitted that the prosecution was still trying to locate the star witness in this case, who was the owner of the imitation products, and was last detected somewhere in the Philippines.

The prosecution also said that they will use the Mutual Assistance and Criminal Matters Act (MACMA) to seek help from the Philippines authorities to locate the star witness.

In reply, Zahir argued that it might be unfair to give his client a discharge not amounting to an acquittal as the accused will always have the fear that he might be re-charged one day for the same offences.

Zahir also contended that the prosecution had been given such a long time to locate their witness and there is possibility that the witness, who was not at the crime scene, could suddenly come forward to give false testimony against the accused.

The counsel urged the court to give his client an acquittal as a fair and just order for the accused.

On the first count, Roas is alleged to have asked for a sum of RM25,000 from a man as an inducement not to take action against him for allegedly transporting imitation products with a lorry at a checkpoint in Jalan Sandakan at 2.30pm on July 2, 2008.

The charge under Section 10 (a) (b) of the Malaysia Anti-Corruption Commission Act (MACC) 2009 carries a jail term of up to 20 years and a fine of not less than five times the amount of bribe received or RM10,000, whichever is higher.

The second to the fourth count accuse Roas of receiving bribes of RM15,000, RM2,000 and RM13,000 respectively, from the same man at the same place at 4.45am, 5am and 1.45am respectively, on the same day.

Each of the three charges under Section 11 (a) of the MACC Act 2009 carries a jail term of between 14 days and 20 years and a fine of up to five times of the bribe amount or RM10,000 depending on which amount is higher upon conviction.

The accused is currently released on bail pending disposal of his case, the trial of which will be held at Sandakan Corruption Court.