KUALA LUMPUR: The Sessions Court here discharged and acquitted the nephew of former Sungai Buloh Member of Parliament R. Sivarasa and his former worker of three counts of corruption each in relation to the recruitment of foreign workers six years ago.
Judge Azura Alwi made the decision on Thursday (June 8) after deputy public prosecutor Noralis Mat informed the court that the representation to drop the charges submitted by R. Naveen Kularasa, 51, and Sivarasa’s former worker, Nico Kam Joo Hoe, 25, had been accepted by the Attorney General’s Chamber (AGC).
"This case has been set for trial next week but there is a new development where the representation submitted by the two accused to drop the charges was accepted by the AGC.
"Therefore, the prosecution requests that the charges be withdrawn and the two accused be granted a discharge not amounting to an acquittal,” said Noralis when the case came up for mention today.
Lawyers Ramesh Sivakumar, representing Kam, and M Puravelan, who appeared for Naveen, appealed for their clients to be discharged and acquitted of the charges as the case involved a complaint that was filed in 2017 and it was unreasonable to proceed with charges if the prosecution had changed its mind.
"This matter should be brought to finality once and for all. The prosecution has also not given any reason why the two accused should not be discharged and acquitted,” said Ramesh.
Azura then acquitted and discharged the duo and ordered the return of the RM10,000 bail each of them had been granted.
On Jan 24 last year, Naveen and Kam pleaded not guilty in the Sessions Court here with three counts of corruption each in relation to the recruitment of foreign workers.
On the first charge, they are accused of jointly asking for a RM55,000 bribe from Bangladeshi Mono Miah Siddikur Rahman as an inducement for not reporting him to the Immigration Department regarding his company Syarikat Dyna Maintainance Services Sdn Bhd's alleged offence of bringing in foreign workers on professional qualifications for labour work.
For the second and third charges, the two are alleged to have agreed to corruptly receive for themselves cash of RM45,000 and RM20,000 from Mono Miah through Kam in relation to the same matter.
The offences were allegedly committed at two restaurants in Cheras and somewhere in Kuala Lumpur between 1 pm and 10 pm between Sept 17 and 21, 2017.
The charges were framed under Section 16 (a) (A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, read together with Section 34 of the same Act, which provides for a maximum jail term of 20 years and fine of not less than five times the amount of bribe or RM10,000 fine or whichever is higher, upon conviction. - Bernama