MP's brother acquitted of abetment in graft case
Abdul Latif Abdul Rahim succeeded in obtaining a full acquittal of abetting his younger brother and ex-Tabung Haji chairperson Abdul Azeez to accept bribes linked to highway projects in Perak and Kedah.
The Kuala Lumpur High Court this afternoon allowed businessperson Latif’s revision application to substitute his discharge not amounting to an acquittal (DNAA) to instead full acquittal over two corruption-abetment charges.
On Feb 8 last year before the Kuala Lumpur Sessions Court, the prosecution succeeded in its bid for Latif to be granted the DNAA in return for the businessperson to testify for them in the corruption and money laundering trial against Azeez.
Under criminal law in Malaysia, an accused granted a DNAA could theoretically be charged again for the same offence, while a full acquittal would bar the prosecution from seeking to recharge him or her for the same crime.
During open-court proceedings this afternoon, High Court judge Collin Lawrence Sequerah ruled that the revision application has merit.
The judge ruled that the prosecution failed to give good reason why the lower court should grant a DNAA rather than a full acquittal.
“There is no merit in the case by the respondent (prosecution). The trend of cases suggest that unless good reasons are shown, the order should be discharged amounting to an acquittal,” Sequerah said.
The judge ruled that the prosecution’s given reason for DNAA in the case - namely that Latif is to testify against Azeez - would have instead opened the possibility of the applicant being held to ransom to testify favourably for the prosecution.
Sequerah said this is because any such testimony by Latif against Azeez may later be attacked and regarded as tainted.
“The prosecution’s reasoning - that a development in evidence could result in resumption of the case against the applicant (Latif) - is not a good reason for DNAA.
“This amounted to consigning the applicant to indefinite and indeterminable future,” Sequerah ruled.
Defence counsel Jahaberdeen Mohamed Yunoos represented Abdul Latif.
Deputy public prosecutors Nik Haslinie Hashim and Hafizatul Ifa Ab Razak appeared for the prosecution, the respondent in today’s matter.
Meanwhile, Azeez’s corruption and money trial before the Kuala Lumpur Sessions however is currently stayed, pending the Baling MP’s appeal at the Court of Appeal.
The lawmaker’s appeal seeks to overturn the Kuala Lumpur High Court’s decision on March 12 last year, which dismissed Azeez’ application to quash the three corruption and 10 money laundering charges against him.
Azeez, 54, faces three counts of accepting bribes amounting to RM5.2 million in relation to road projects in Perak and Kedah, as well as 10 counts of money laundering.
The Baling MP allegedly committed the graft offences at CIMB Bank, Jalan Tun Perak in Kuala Lumpur on Dec 8, 2010, and at Affin Bank, Pusat Bandar Puchong in Selangor on June 13, 2017, and April 10, 2018.
He was accused of committing money laundering offences in the Klang Valley, between March 8, 2010, and Aug 30, 2018.
Prior to the DNAA ruling, Latif, 63, was accused of abetting Azeez to obtain an RM4 million bribe from one Mohammad Redzuan Mohanan Abdullah, as gratification to help Menuju Asas Sdn Bhd secure road projects, via limited tender from the Works Ministry.
The project involved the Pantai Baru Coastal Expressway Project, upgrading works of Federal Road FT005 ( Teluk Intan to Kampung Lekir, Perak) valued at RM644,480,000.
He was alleged to have committed both abetment offences at Affin Bank, Pusat Bandar Puchong in Selangor on June 13, 2017, and April 10, 2018.
