
A three-judge panel chaired by Justice Vazeer Alam Mydin Meera allowed Mohd Arif Ab Rahman’s appeal and quashed his conviction on a charge of abetting Ahmad Zukhairi in the receipt of RM627,636 nine years ago.
Delivering the court’s unanimous decision, Justice Azizul Azmi Adnan said the prosecution failed to prove that Arif had abetted Zukhairi in the commission of the offence.
“The circumstantial evidence against the accused person (Arif) was insufficient to prove his culpability,” he said.
Also on the panel that heard the appeal was Justice Lim Chong Fong.
However, the court dismissed Zukhairi’s appeal against his conviction on four charges of soliciting and receiving bribes for government projects.
Azizul said the sessions court had not erred in finding Zukhairi guilty.
The appeals court however reduced Zukhairi’s jail sentence from five years to four on each of the charges. It maintained the RM9.6 million fine imposed on him.
He will begin his sentence today.
Zulkhairi will have to serve an additional six years in prison if he fails to pay the fine.
Arif and members of his family were seen consoling Zukhairi after the court’s decision.
Earlier today, lawyer Zamani Ibrahim, appearing for Zukhairi, pleaded with the court to reduce his client’s jail sentence.
“We plead for mercy from the court. Give him a second chance so he can return to society after serving his sentence,” he said, adding that Zukhairi has two young children.
Meanwhile, deputy public prosecutor Wan Shaharuddin Wan Ladin told court that he hoped to see Zukhairi repent after completing his sentence.
He added that the five-year jail sentence imposed by the sessions court was not excessive.
“We do not want the public to perceive corruption cases as more lenient than theft cases,” said Wan Shaharuddin.
The sessions court had in 2018 convicted both father and son of corruption.
The High Court affirmed that decision three years later.