A three-member Court of Appeal bench, chaired by Vazeer Alam Mydin Meera, said the trial judge was wrong in asking Abu Zahrim Ismail to give an explanation on the charge framed against him.

“This is beyond what the law requires,” said Vazeer, who sat with Supang Lian and Mariana Yahya.

He also said the statutory presumption, under Section 50 of the Malaysian Anti-Corruption Commission Act, also had no application to the facts of this case.

“Using the doctrine of harmonious construction, the statutory presumption has no application to the facts of this case as gratification is not one of the elements under Section 18 (for making the false claims),” he added.

Vazeer said as such the invocation of the presumption by the sessions court judge is erroneous.

“The trial judge in ruling that a prima facie case had been established upon invoking Section 50 had imposed a higher burden on the appellant,” he said.

Vazeer said this had caused a serious prejudice against Abu Zahrim, 48, and warranted the appellate court’s intervention

He said the law merely required that Abu Zahrim, represented by Hisyam Teh Poh Teik and M Athimulan, raise reasonable doubt.

Vazeer said deputy public prosecutor Wong Poi Yoke had urged the court to order a retrial but “we find such an order will cause injustice and grave prejudice to the appellant”.

The bench also ordered the fine and bail paid to be refunded to Abu Zahrim, who has been suspended from service.

On Aug 27, 2018, Abu Zahrim was found guilty of deceiving his director-general over the supply of backpacks worth RM23,400.

He was accused of making false claims to authorise the supply of 28 units of Deuter 75-litre bags, and 60 units of Dry Pack 30-litre bags.

The offence was allegedly committed at the Taman Negara Perhilitan enforcement office in Jerantut on Nov 28, 2013.

Abu Zahrim was charged under Section 18 of the MACC Act, which carries a fine of at least five times the amount of corruption, and a maximum 20 years imprisonment, upon conviction.