A three-member bench, chaired by Justice Ahmad Zaidi Ibrahim, said Fikri Rahim, a former director of MACC’s anti-money laundering and forfeiture of properties division, was wrongly convicted of an offence under Section 177 of the Penal Code.
Zaidi said the defence had created doubt in the prosecution’s case as Fikri, 49, was not permitted to reveal his identity without the authorisation of the MACC’s chief commissioner.
“In good faith, he could not reveal his true identity as provided under the MACC Act,” said Zaidi, who allowed Fikri’s appeal from a High Court ruling.
Zaidi, who sat with Justices Azmi Ariffin and Noorin Badaruddin, said the High Court had committed an appealable error when reversing a magistrate’s acquittal of the accused.
“The conviction by the High Court is not safe and ought to be set aside,” he added.
The bench also ordered the RM1,500 fine paid by Fikri to be returned to him.
The charge carried a maximum jail term of six months or a maximum fine of RM2,000 or both, if convicted.
On Feb 17, 2022, Fikri was acquitted of a charge of giving false information when submitting details of his female companion on a Jais enforcement management division personal information form to Fatin Afikah Mustapa.
The offence was allegedly committed at Jais’s office at Menara Utara, Sultan Idris Shah Building, Section 5, Shah Alam, at 4am on Dec 16, 2017.
The acquittal was overturned by the High Court, which convicted Fikri of the offence and fined him RM1,500, giving rise to the present appeal.
The facts of the case revealed that a team of Jais officers had raided a condominium at about 2am on Dec 16, 2017 and found Fikri with a woman, also an MACC officer, on the premises.
The defence contended that the two were there to monitor graft activities among certain government agencies.
Fikri only provided his undercover identity because he believed he was not permitted to reveal that he was an MACC officer.
He obtained authorisation to reveal who he was at 11am on the same day. At about 2pm, he returned to Jais’s office to inform them that the information provided earlier was not correct.
The court was also told that Fikri was also acquitted of the khalwat charge with the female officer at the condominium.
Speaking to reporters later, Fikri expressed relief that his ordeal was finally over.
“It has been a long six-year court battle to clear my name,” said Fikri, who is now attached to MACC’s governance investigating department.
Lawyers Tiara Katrina Fuad and Selvam Mookiah represented Fikri, while deputy public prosecutors Yusaini Amer Abdul Karim, Zaki Asyraf Zubir and Aida Khairuleen Azli acted for the prosecution.