
Justice Radzi Harun dismissed the appeal of Amin Shahul Hamid, 44, upholding the custodial sentence of a total of 58 years and fine of RM1.05 million, with an additional 72 months’ imprisonment to be served in default of payment.
However, the court granted a stay of execution for both the prison term and fine pending Amin’s appeal to the Court of Appeal.
Radzi set bail at RM100,000 in two sureties, an increase from the previous RM50,000 in one surety.
In his judgment, Radzi said the sentences imposed by the sessions court were fair, proportionate and not excessive, consistent with the Malaysian Anti-Corruption Commission (MACC) Act 2009.
Amin was charged with soliciting RM100,000 in bribes and accepting RM110,000 from trader Hassan Basri Ahmad Sutan Modo between July 5 and Oct 22, 2019 in Lipis and Raub.
The bribes were allegedly intended to ensure fines were imposed instead of prison sentences on a man accused of smuggling cigarettes.
The charge, framed under Section 16(a)(B) and Section 17(a) of the MACC Act 2009, punishable under Section 24 of the same Act, carries a maximum penalty of 20 years’ imprisonment and a fine of either five times the amount of the bribe or RM10,000, whichever is higher, upon conviction.
Earlier, the prosecution, led by MACC deputy public prosecutor Wan Shaharuddin Wan Ladin and Ezuain Farhana Ahmad, applied for an increase in the bail amount to RM100,000 in two sureties.
Defence counsel R Arvend and S Arvind sought a reduction, however, citing their client’s role in assisting his family’s small business.
The sessions court had in 2022 sentenced Amin to a total of 58 years in prison and a RM1.05 million fine, allowing the prison terms to run concurrently, requiring him to serve 12 years in prison.