2 MACC officers, ex-officer to enter defence over alleged RM950,000 robbery
5 hours ago
V Anbalagan
High Court says the lower court erred in acquitting the trio and asks why property allegedly seized during the investigation was taken to the officers’ homes
The Kuala Lumpur High Court overturned the acquittal of two serving MACC officers and a former officer accused of robbing a Chinese businessman of nearly RM1 million.
KUALA LUMPUR: The High Court has ordered two serving Malaysian Anti-Corruption Commission officers and a former officer to enter their defence over the alleged robbery of a Chinese businessman involving nearly RM1 million in cash.
Justice Arief Emran Arifin allowed the prosecution’s appeal against their acquittal by the sessions court last year, ruling that a prima facie case had been established.
He said the sessions court erred in law and fact in finding that there was insufficient evidence against Haffiz Radzi, Fahmee Nor and former MACC officer Azwan Asli.
The three are accused of robbing businessman Kun Gao of RM952,690 and 1,225 yuan, as well as a luggage bag and a Louis Vuitton bag, at his home in Jalan Ampang on Dec 10, 2021.
During the appeal hearing today, Arief asked why property allegedly seized during the purported investigation was taken to the officers’ homes instead of the MACC headquarters.
“If there was an actual investigation, why didn’t they bring the property to MACC to be accounted for? This is troubling me,” he said.
When counsel Azizzul Shariman Mat Yusoff, representing Haffiz and Fahmee, argued that any failure to follow MACC’s standard operating procedures was merely a disciplinary matter, the judge disagreed.
“No, it is more than that,” he said, asking where the complaint and investigation papers were.
Dzulkifli Ahmad, appearing for Azwan, argued that the officers were conducting preliminary verification based on information received, and that there was no evidence they took the property to their homes.
Arief rejected the argument, asking whether the police could enter someone’s home and seize their belongings.
“There is a big question here. There may be issues of amount and weight. But can the police go to my house right now and take my television?” he asked.
The judge allowed the appeal, setting aside the earlier decision and remitting the case to the sessions court for mention.
The existing bail of RM12,000 each for Haffiz and Fahmee, and RM10,000 for Azwan, was maintained.
Case management will be held on Oct 29 before a new sessions court judge.
Deputy public prosecutors Nordin Ismail, Fadhly Zamry and Hench Goh appeared for the prosecution.
Guok Ngek Seong and Ahmad Nur Zharif Rosdi held a watching brief for the complainant.
Justice Arief Emran Arifin allowed the prosecution’s appeal against their acquittal by the sessions court last year, ruling that a prima facie case had been established.
He said the sessions court erred in law and fact in finding that there was insufficient evidence against Haffiz Radzi, Fahmee Nor and former MACC officer Azwan Asli.
The three are accused of robbing businessman Kun Gao of RM952,690 and 1,225 yuan, as well as a luggage bag and a Louis Vuitton bag, at his home in Jalan Ampang on Dec 10, 2021.
During the appeal hearing today, Arief asked why property allegedly seized during the purported investigation was taken to the officers’ homes instead of the MACC headquarters.
“If there was an actual investigation, why didn’t they bring the property to MACC to be accounted for? This is troubling me,” he said.
When counsel Azizzul Shariman Mat Yusoff, representing Haffiz and Fahmee, argued that any failure to follow MACC’s standard operating procedures was merely a disciplinary matter, the judge disagreed.
“No, it is more than that,” he said, asking where the complaint and investigation papers were.
Dzulkifli Ahmad, appearing for Azwan, argued that the officers were conducting preliminary verification based on information received, and that there was no evidence they took the property to their homes.
Arief rejected the argument, asking whether the police could enter someone’s home and seize their belongings.
“There is a big question here. There may be issues of amount and weight. But can the police go to my house right now and take my television?” he asked.
The judge allowed the appeal, setting aside the earlier decision and remitting the case to the sessions court for mention.
The existing bail of RM12,000 each for Haffiz and Fahmee, and RM10,000 for Azwan, was maintained.
Case management will be held on Oct 29 before a new sessions court judge.
Deputy public prosecutors Nordin Ismail, Fadhly Zamry and Hench Goh appeared for the prosecution.
Guok Ngek Seong and Ahmad Nur Zharif Rosdi held a watching brief for the complainant.
This is what you get when Law Enforcement personnel are completely non-accountable and know it .
ReplyDelete