Published: Friday July 24, 2009 MYT 4:52:00 PM
Updated: Friday July 24, 2009 MYT 6:40:54 PM

Tourism Malaysia DG Mirza acquitted (Update)

By M.MAGESWARI

Judge:prosecution failed to make a prima facie case

KUALA LUMPUR: Suspended Tourism Malaysia director-general Datuk Mirza Mohammad Taiyab was acquitted by the Sessions Court here over a charge of accepting a dental treatment from a company director without consideration in 2005.

Mirza, 51, appeared expressionless upon hearing the verdict in the packed courtroom.

There were loud claps and cheers from his relatives who crammed up the public gallery causing Sessions Court judge Zainal Abidin Kamarudin to remind them to be silent.

"It is a gift from the court. Please let Datuk Mirza to cherish this moment," said the judge which caused Mirza to nod and smiled.

Upon hearing the grounds of judgment, the father of three immediately rushed to his lawyers Tan Sri Abdul Aziz A. Rahman and Saseedharan Menon and hugged and thanked them repeatedly.

Mirza, 51, had claimed trial on Aug 13, last year to accepting a dental treatment worth RM13,860 from company director Zulhisyam Ayob without consideration.

The treatment was said to have been paid for by Perunding Pakar Media Sdn Bhd's director Zulhisyam, 49, through a bank cheque payable to a dental clinic.

Mirza, who was then Malaysian Tourism Promotion Board's deputy director-general I, was said to have committed the offence at Clinical Practice Prosthodontics Sdn Bhd in Taman Tun Dr Ismail here between Jan 17, 2005 and July 26, 2005.

In his 38-page judgment, Zainal said the prosecution had failed to prove the element of mens rea (criminal intent) that Mirza had accepted something valuable in the form of implant dental treatment from Zulhisyam at the material time.

"The question of mens rea is important for all criminal cases," he noted.

Zainal said the failure to call an Anti-Corruption officer, known as Mohd Zamri Zainul Abidin who had conducted an investigation at the clinic and lodged a complaint over the matter had been fatal to the case.

"The role of Zamri cannot be taken lightly. I am of the opinion that Zamri is an important witness,"he said.

He said there was an absence of evidence on what grounds the investigations were being carried out against Mirza.

"The prosecution has to be careful when it wants to prosecute anyone based on suspicion as it may not reflect the actual situation," said Zainal.

Zainal said he fully accepted the evidence given by Zulhisyam who testified that he (Zulhisyam) decided to pay for Mirza's dental treatment without his knowledge.

"I could not see on why I must deny an evidence by Zulhisyam who gave his testimony in a casual manner," he said.

Citing a case law, Zainal said the prosecution was not done in good faith and it rested on a very soft ground.

Zainal said the prosecution who called 11 witnesses to testify, had failed to prove a prima facie case against Mirza.

At the outset of proceedings, Zainal told Mirza, who was neatly dressed in a maroon baju Melayu, "I hope you are dressed right for the occasion. Do not think it is end of the world, you have to expect the worst. You have to wait until I finish reading this judgment," which caused him to beam.

Speaking to reporters later, Mirza said he was grateful to God for his release.

Mirza said he had gone through a lot since he was charged for the crime last August.

"It cannot be helped, I had to go through humiliation and stress," he said adding that his staff had kept in touch with him throughout his difficult time.

Asked if he would report to his duty immediately, Mirza said he had to wait for the decision by Tourism disciplinary board.

DPP Saiful Hazmi Mohd Saad said he would appeal against the court ruling.

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