High court upholds acquittal of former Johor exco's son on corruption, money laundering charges
11 Oct 2023 05:42pm
Picture for illustrative purposes - FILE PIX
Judge Noor Hayati Mat, in upholding the lower court’s decision, dismissed the prosecution's appeal against the decision of the Johor Bahru Sessions Court on Aug 7, 2022, in acquitting Ahmad Fauzan Hatim, 31, and the real estate consultant, Amir Shariffuddin Abd Raub, 50.
She said the prosecution failed to prove the case beyond reasonable doubt against them.
Amir Shariffuddin was charged with 33 counts of corruption. The charges were framed under Section 28 (1) (C) of the MACC Act 2009, read together with Section 16(a)(B) of the same law.
He and Ahmad Fauzan were also charged with four counts each under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorist Financing and Proceeds of Unlawful Activities (AMLA) Act 2001.
Noor Hayati said that after examining the defence testimony by Ahmad Fauzan and AmirSharifuddin, she found that the presumption under Section 50(1) of the MACC Act had been successfully broken by them.
"Ahmad Fauzan has also broken the inference under Section 4(2) of AMLA and there is no error on the part of the Sessions Court judge in accepting their explanation.
"Based on that, I opine that there is no legal error made by the Sessions Court Judge in acquitting them. Therefore, the appellant's appeal is hereby dismissed and the acquittal and discharge order on the two accused by the Sessions Court Judge is upheld,” she said.
The prosecution was conducted by MACC director (prosecution) Datuk Wan Shaharuddin Wan Ladin and deputy public prosecutors Ahmad Akram Gharib, Mahadi Abdul Jumaat, Muhammad Asraf Mohamed Tahir and Zender Lim Wai Keong.
Lawyers Datuk Salehudin Saidin, Zulaikha Aini Mohd Khair Johari, Siti Sarah Khalil and Abd Rahim Ali represented Ahmad Fauzan, while Amir Shariffuddin was represented by lawyers Ahmad Nur Awalluddin Zakaria, Syahmi Nawawi and Khairulazwad Sariman - BERNAMA
