KUALA LUMPUR: The Sessions Court here has ordered the release of an Immigration officer who was charged with 17 counts of accepting bribes involving RM21,500 by allowing foreigners with immigration-related offences to leave the country.
He allegedly allowed the foreigners to exit the country through the Kuala Lumpur International Airport 2 (KLIA2) without taking legal action against them.
Judge Rozina Ayob ordered Mohd Al-Ridhuan Ahmad Zaini, 38, to be freed after finding that the prosecution failed to prove a prima facie case against him at the end of the prosecution's case.
"The prosecution failed to prove a prima facie case on the 17 main charges and three alternative charges (made against Mohd Al-Ridhuan). Therefore, the accused should be acquitted and discharged of all the charges without being called to defend himself," she said in her judgment released on Tuesday (Jan 2).
Rozina said there were many gaps in the testimony of the prosecution witnesses, especially the evidence of two immigration officers, namely the 11th prosecution witness (SP11), Muhammad Hakim Hanafi, and Noorashikin Radzali (SP27), who is a suspected accomplice in the case.
"There is no solid evidence regarding the task schedule of SP11 and SP27, which is said to be an important element to prove the validity of the fact that they received the payment on the instruction of the accused," she said.
Regarding the alternative charges, Rozina said there was no evidence to show the passengers who were allowed to leave the KLIA2 international exit by SP11 and SP27 were foreigners who committed immigration offences.
"The prosecution failed to prove the money received by SP11 and SP27 were payment to help foreigners who committed offences under the Immigration Act to leave Malaysia," she said.
The case trial began in September 2021, with 31 prosecution witnesses called to testify.
According to the 17 charges, Mohd Al-Ridhuan was alleged to have accepted bribes amounting to RM21,500 from a woman as a reward for helping to allow foreigners who committed offences under the Immigration Act 1959/1963 (Act 155) to exit Malaysia through KLIA2 with no legal action taken against them.
All the offences were allegedly committed at Jalan Tasik Utama 7, Medan Niaga Tasik Damai, between July 25 and Nov 11, 2020.
The charges were framed under Section 16 (a) (A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 (Act 694), which provides a maximum jail term of 20 years and a fine of five times the value of the offence committed or RM10,000, or whichever is higher, upon conviction.
On the three alternative charges, Mohd Al-Ridhuan was alleged to have paid Noorashikin and Muhammad Hakim to do the same, and the offence was allegedly committed at Kompleks Perbadanan Putrajaya and a premises in Taman Connaught, Cheras, on Aug 1 and 2, 2020.
The charges were framed under Section 25(3) of the MACC Act, which provides a maximum fine of RM10,000 or imprisonment for up to two years or both if convicted. – Bernama
