
A three-member Court of Appeal bench chaired by Justice Che Ruzima Ghazali said the charges faced by Suhana Samad, 42, and Zalita Haron, 46, were defective and that the duo had no common intention.
“The trial judge made erroneous findings of facts, (which was) against the oral and documentary evidence.
“It is evident from the issues raised that this court has reason to intervene and allow both appeals,” said Ruzima, in setting aside their convictions yesterday.
Also on the bench were Justices Wong Kian Kheong and Noorin Badaruddin.
The sessions court previously sentenced Suhana and Zalita to two years’ jail and a RM1,400 fine, a decision which was affirmed by the High Court.
The duo, attached to the Selangor immigration department’s passport division, were jointly charged with misappropriating RM1,400 paid by seven individuals as application fees for their international passports.
They allegedly committed the offences at the division’s office on the second floor of Kompleks PKNS, Shah Alam, between June 28 and July 1, 2016.
Lawyers Hisyam Teh Poh Teik and Salim Bashir appeared for Zalita while Suzanawati Ismail acted for Suhana.
Deputy public prosecutors Noralis Mat and Julaila Jamaludin appeared for the prosecution.
Salim said there is a possibility the duo would get back their jobs following their acquittal.