Court of Appeal upholds ex-TNB engineer’s acquittal from graft charges

Court of Appeal upholds ex-TNB engineer’s acquittal from graft charges

It says the sessions court erred by failing to state whether a statutory presumption that gratification was corruptly received was invoked against the accused.

The Court of Appeal has upheld the acquittal of former Tenaga Nasional Bhd employee, Asrul Hisyam Setapa, of 16 counts of corruption. (Reuters pic)
PUTRAJAYA:
The Court of Appeal has upheld the High Court’s acquittal of Asrul Hisyam Setapa, a former Tenaga Nasional Bhd (TNB) engineer charged with 16 counts of corruption, after finding that the prosecution’s appeal had no merit.

Delivering the three-member panel’s unanimous decision, Justice Hanipah Farikullah said the sessions court had erred by failing to state whether it had invoked the statutory presumption contained in Section 50 of the Malaysian Anti-Corruption Commission Act 2009 against the accused.

Under Section 50, where it is proved that any gratification has been received, the gratification is presumed to have been corruptly received, unless the contrary is proved.

The other judges on the three-member bench were Justices See Mee Chun and Azman Abdullah.

Lawyer Hisyam Teh Poh Teik represented Asrul while deputy public prosecutor Nahra Dollah appeared for the prosecution.

In 2018, the Kota Bharu sessions court found Asrul guilty on all 16 graft charges.

He was alleged to have accepted bribes amounting to RM40,000 in the form of cash, mobile phones, and construction materials from the owners of two companies between April 4, 2016 and Aug 22, 2016.

The bribes were alleged to have been given after Asrul proposed the duo to TNB for certain wiring jobs.

Asrul appealed to the High Court which acquitted him of all charges on Dec 21, 2020.

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