In 2022, Amin Shahul Hamid, 43, was sentenced by the sessions court in Kuantan to 12 years in prison and fined RM1.05 million, or in default 72 months’ jail, after he was found guilty of six counts of soliciting and accepting bribes.
Sessions court judge Ahmad Zamzani Zain had ordered the prison sentences to be served concurrently.
Today, Amin’s lawyer, RSN Rayer, presented his appeal before Justice Radzi Harun.
In his submission today, Rayer sought a discharge and acquittal for his client on all charges.
He said the prosecution had failed to show that Amin had asked for the bribe through a telephone call, and that the marked bills used to entrap him were not on the search list.
Surveillance footage allegedly showing Amin picking up the marked bills was also not played in court, Rayer said.
The lawyer also questioned the admissibility of a transcript of a recorded telephone coversation held on Oct 21, 2019, claiming the location of the compact disc on which it was stored was never revealed.
The judge set Nov 27 for a decision.
Malaysian Anti-Corruption Commission prosecutors Wan Shaharuddin Wan Ladin and Rifah Izzati Abdul Mutalif represented the prosecution.
In March 2022, Amin, formerly a magistrate at the Lipis and Raub courts, was allowed a stay of execution pending an appeal. His bail was increased and he was ordered to surrender his passport.
In his judgment, Zamzani had said Amin had failed to raise a reasonable doubt in the case, as his defence was merely an afterthought and a bare denial.
Amin was charged with soliciting bribes totalling RM100,000 and receiving RM110,000 from one Hassan Basri Ahmad Sutan Modo in Lipis between July 5 and Oct 22, 2019.
The bribes were said to be an inducement for the accused not to fine and jail Hassan Basri, who was then facing a charge of possession of smuggled cigarettes.
The charges were framed under Section 16(a)(B) and Section 17(a) of the Malaysian Anti-Corruption Commission Act 2009, which are punishable under Section 24 of the same act and provides for a maximum jail term of 20 years and a fine five times the value of the bribe or RM10,000, whichever is higher, if convicted.