Cop, civilian jailed for taking bribe to hush up khalwat case

Cop, civilian jailed for taking bribe to hush up khalwat case

Court of Appeal says the two-year jail term imposed on a lance corporal is appropriate as he is a public servant.

Court of Appeal
The Court of Appeal said the appeals by policeman Faisal Ahmad Ghapur and Azizul Hakim Hasnan have no merit and their conviction is safe.
PUTRAJAYA:
A policeman and a civilian today began their jail terms after the Court of Appeal dismissed their final appeal for corruptly receiving RM300 from a Muslim couple who were found to be in close proximity at an isolated car park 10 years ago.

Justice Ahmad Zaidi Ibrahim, who led a three-member bench, said there was no merit in the appeal by Faisal Ahmad Ghapur, 39, a police lance corporal, and Azizul Hakim Hasnan, 33, against conviction and sentence.

The sessions court had sentenced Faisal to jail for two years, and Azizul to one, on top of a RM10,000 fine each.

Both were allowed bail pending the outcome of their appeals today.

The duo committed the offence at an industrial park in Bandar Seri Iskandar, Perak, at 7pm on March 20, 2014.

They were given the money in exchange for not taking action against the couple for allegedly committing khalwat.

Zaidi said the prosecution had adduced “overwhelming evidence” that both the appellants had committed the offence under Section 16(a)(B) of the Malaysian Anti-Corruption Commission Act 2009.

Those found guilty may be jailed for up to 20 years and fined RM10,000 or five times the gratification value, whichever is higher.

Zaidi, who sat with Justices Zaini Mazlan and Ahmad Fairoz Zainol Abidin, said there were no material contradictions in the evidence of the couple and another civilian.

“The appeal has no merit and the conviction is safe,” he said.

The court also dismissed the appeal against the jail term imposed, saying it was not manifestly excessive.

“The jail sentence is on the low side. However, we will not disturb it since the prosecution did not file an appeal,” Zaidi said.

He said the trial judge was also correct to impose a higher jail term against Faisal as he is a public servant.

Chris Kooi and Ivy Chin represented Faisal, while M Saravanan acted for Azizul.

Deputy public prosecutors Farah Ezlin Yusop Khan, Afif Ali, Wirna Rifin and Nurul Qistini Qamarul Abrar appeared for the prosecution.

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