A three-member bench chaired by Justice Vazeer Alam Mydin Meera Aslam also adjourned its decision in the appeal of Arif’s son, Ahmad Zukhairi, on four counts of soliciting and receiving bribes amounting to S$200,000 in cash in the same year.

Also on the panel hearing the appeals were Justices Lim Chong Fong and Azizul Azmi Adnan.

Lawyer Hisyam Teh Poh Teik, representing Arif, 67, told reporters the judges needed more time to arrive at a ruling.

“A case management will be held on Nov 7 to fix a date to deliver the decision,” he said.

The father and son have been released on a bail of RM800,000 each pending the disposal of their appeals.

Hisyam today submitted that the trial sessions court judge had invoked the wrong presumption under Section 50 of the Malaysian Anti-Corruption Commission Act 2009, as there was no evidence the father abetted the son in the commission of the crime.

“The appellant (Arif) was prejudiced as a higher burden was placed on him,” he said.

He said the invocation of the wrong presumption against the accused was incurable under the law.

Lawyer M Athimulan, acting for Ahmad Zukhairi, 42, said the trial judge erred in refusing to accept his client’s explanation when asked to enter his defence, adding that the reasons proffered were reasonable and probable.

“In a criminal trial, the accused has no duty to prove his innocence,” Athimulan said.

Deputy public prosecutor Wan Shahruddin Wan Ladin, who was assisted by DPP Norzilati Izhani Zainal, urged the bench to uphold the conviction and sentences imposed on the duo, saying that the trial judge did not err in fact or law.

On March 23, 2021, the High Court in Kuala Lumpur upheld a three-year jail sentence and a RM3 million fine imposed on Arif.

Justice Aslam Zainuddin Aslam also upheld the sentence of five years’ jail and RM9.6 million fine imposed on Ahmad Zukhairi for soliciting and receiving bribes.

The sessions court had convicted the father and son on Nov 14, 2018 after a trial.