Feb 27 decision on appeal case involving former Mosti sec-gen

Judge Datuk Abdul Halim Aman set the date on Tuesday after hearing submissions by lawyer Tan Sri Dr Muhammad Shafee Abdullah, representing Abdul Hanan, and from the prosecution, conducted by deputy public prosecutor from the Malaysian Anti-Corruption Commission (MACC), Afifah Yusof.

On March 30, 2012, the Sessions Court acquitted and discharged Abdul Hanan of all the charges, without calling for his defence.

Abdul Hanan, 65, was charged with accepting bribes, in the form of blank United Overseas Bank cheques belonging to Adam Omar as gratification for approving a TechnoFund for his company, Global Goodway (M) Sdn Bhd.

The offence was allegedly committed at No 25, Jalan 17/21 Section 17 Petaling Jaya, between Dec 1 and 15, 2008.

He was then alleged to have cashed the cheques for certain amounts between Dec 15, 2008 and Feb 27, 2009, for, among others, payments for house repair (RM15,024), tithe (RM25,000), credit cards (RM9,275), assessment and quit rent (RM15.00) and as deposit in his wife's account (RM8,000).

He was charged under Section 11 (a) of the Anti-Corruption Act 1997, punishable under Section 16 of the same law, which provides an imprisonment for up to 20 years and fine not less than five times the amount of bribe involved, or RM10,000, whichever is higher, upon conviction.

Earlier, Afifah submitted that the Sessions Court judge had ignored the definition of bribe in the judgment and had erred for not taking into account that loan was also a form of bribe based on Section 2 of the Anti-Corruption Act 1997.

She said the court should have called Abdul Hanan to enter his defence, instead of merely relying on the evidence by the prosecution witnesses and exhibits that were produced during hearing of the case.

A total of 24 prosecution witnesses testified during the hearing.