Judge Azhari Hamid ruled that the prosecution did not provide sufficient evidence to call Chan Eng Leong, 46, to enter his defence.
Chan, who claimed trial in 2020, was accused of soliciting US$150,000 (about RM615,000) between March 30 and 31, 2019, at the Vangohh Eminent Hotel in Bukit Mertajam. He was also charged with receiving the money on April 1, 2019, at the office of Global Tobacco Manufacturers Sdn Bhd.
The prosecution alleged that the bribes were to help resolve a case involving another person under the Security Offences (Special Measures) Act 2012 (Sosma).
Chan faced two counts of bribery under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries a maximum sentence of 20 years in prison and a fine of up to five times the gratification amount if convicted.
In his closing argument at the end of the prosecution’s case today, lawyer RSN Rayer said Chan was not at the stated locations during the specified dates.
“The defence had provided evidence that Chan was in Kedah performing family rituals on the date in question in reference to the first charge, and that he was at MNQ Builders, Bayan Lepas, during the date stated for the second charge. These alibi notices were submitted to the prosecution early in the trial, but there was no evidence presented to disprove them,” he told the court.
Rayer said the prosecution’s failure to challenge the alibi weakened its case.
“In a criminal trial, such omissions create reasonable doubt and the benefit of this doubt must be given to the accused,” he added.
He also said there were inconsistencies in the testimony of key prosecution witnesses, including conflicting accounts of the timing and purpose of the alleged bribery.
“These inconsistencies, coupled with the failure to substantiate the charges with credible evidence, render the case unsustainable,” he said.
Azhari then ruled that the prosecution had failed to meet the threshold required for a prima facie case. He acquitted Chan of all charges and ordered his immediate release.
Chan, who had been granted a RM250,000 bail since the start of the trial, expressed relief at the verdict.
Deputy public prosecutor Aznika Anas from MACC acted for the prosecution.