Judge Collin Lawrence Sequerah, in allowing the 58-year-old’s appeal, ruled that the prosecution had failed to prove the elements of the charges against Afendy Ali.

“The court allows the appeal and the fine to be refunded to the appellant,” he said.

Afendy Ali had appealed the sentence and fine imposed on him by the Sessions Court on March 20, 2018, after he was found guilty on eight counts of abuse of power in the acquisition of eight condominium units totalling almost RM2 million.

The then DBKL Economic Planning and Development Department director was charged with abusing his power to acquire the condominium units in Bandar Sri Permaisuri, Bandar Tun Razak, here.

The assets, worth RM249,990 each, from Danau Lumayan Sdn Bhd were for four individuals, namely Minah Abdullah, Mazwan Amin Mohd Noor, Syed Ashraf Ali Afendy Ali and Rodziah Abd Samad.

He was charged with committing the offences at his office between Sept 6, 2013 and Oct 16, 2014, under Section 165 of the Penal Code which carries a maximum jail term of two years or a fine, or both, upon conviction.

Judge Allaudeen Ismail handed down the sentence after finding that the defence had failed to prove reasonable doubt at the end of the defence case.

The court sentenced him to eight months’ jail and a fine of RM10,000, in default a year’s jail, on each charge and ordered the sentences to run concurrently.

The same court, however, acquitted and discharged Afendy Ali on a charge of using his position to acquire a three-storey shop office unit worth RM930,000 at the Danau Lumayan Avenue, Bandar Tun Razak, for Rodziah.

Afendy Ali was also acquitted of nine counts under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (Act 613) involving a total of RM1.5 million.

When met by reporters, deputy public prosecutor Norzilati Izhani Zainal @ Zainol said the prosecution would appeal against today’s decision.