However, a three-member bench, chaired by Justice Ahmad Zaidi Ibrahim, allowed M Youganesparan’s appeal to reduce his 30-month jail term to 20.
“We decline to interfere as there is no merit in the appeal against conviction. However, we allow the appeal on the sentence after considering the submissions,” said Zaidi, who sat with Justices Azman Abdullah and Azmi Ariffin.
Youganesparan was on a RM50,000 bail pending the disposal of his appeal.
The sessions court, on Dec 18, 2018, found him guilty and sentenced him to 30 months’ jail and fined him RM100,000, a decision that was upheld by the High Court on Feb 25, 2021.
Youganesparan, 62, had paid the fine soon after the sessions court ruling.
He had received RM20,000 from businessman Emir Mavani Abdullah as an inducement to get MACC to close a case against him (Emir Mavani). This was a trap.
The offence was committed at Dome Cafe, Vista Power, The Intermark, Jalan Tun Razak, Kuala Lumpur, at 9.15pm on May 30, 2017.
The charge, under Section 16(a)(B) of the MACC Act 2009 and punishable under Section 24 of the same Act, provides a jail term of up to 20 years’ jail or a fine of RM10,000 or five times the bribe amount, whichever is higher, upon conviction.
Azmi, who delivered the grounds, said the notion that the money received from Emir Mavani was for a business venture was rejected. The appeals court also said Emir Mavani was a credible prosecution witness.
Azmi said the accused failed to rebut the presumption that the money was for gratification and questioned the need to collect it in cash if the RM20,000 was for business purposes.
“Would it not be better to remit the money into a bank account? There is no other reason except for corrupt purposes,” he said.
The bench also dismissed the defence’s contention the accused did not get a fair trial on the basis that he was represented by incompetent counsel.
The facts of the case revealed that the accused had received RM20,000 in the form of marked notes in RM100 denominations. The exchange was witnessed by four MACC officers seated at separate tables positioned directly beside the table where Emir Mavani and the accused sat.
Deputy public prosecutors Natrah Fareha Rahmat, Asraf Tahir and Siti Amirah Ali represented MACC while lawyer M Manoharan acted for Youganesparan.