KUALA LUMPUR: A former judge whose prison time was reduced to a day from six months over a corruption charge involving RM5,000 will head to the Court of Appeal to appeal the Sessions Court’s decision that convicted him.
Lawyer Hasshahari Johari Mawi, who represented former Sessions Court judge Azmil Muntapha Abas, said that the defence was appealing the entirety of the Shah Alam Sessions Court’s decision.
“The prosecution is also filing a cross-appeal,” he said when contacted by The Star here yesterday.
According to Hasshahari, Azmil, 50, had served one day in prison when he won his appeal on July 31, 2023, at the Shah Alam High Court to reduce his sentence.
The High Court reduced his jail time from six months to a day and his fine from RM25,000 to RM12,000 in default of three months’ jail.
Azmil was appealing both his conviction and sentence where he was found guilty of receiving gratification without reciprocity in a case he presided over.
His appeal on conviction was however dismissed as the High Court ruled that there was no merit nor grounds to interfere in the Sessions Court’s findings in the case.
In his full grounds of judgment, which was released last Friday, Justice Hasbullah Adam said Azmil’s conviction was safe.
The court, however, allowed Azmil’s appeal on the sentencing and ordered for the reduction in punishment on grounds that imprisonment was not mandatory.
Justice Hasbullah said the offence provision under Section 165 of the Penal Code provided for a maximum two years’ jail or a fine or both.
“There is no mandatory provision that an imprisonment is obligatory.
“The main element of the offence was receiving a valuable item without reciprocity. This is different from the offence of Section 17(a) of the Malaysian Anti-Corruption Commission Act 2009 which provided for a maximum 20 years in jail and a fine of five times the amount of gratification,” he said.
The court also took into consideration the role of the fourth prosecution witness (SP4), who was also a deputy registrar at the Shah Alam High Court, who “tempted” the appellant with the valuable item.
“It was the active role of SP4 who ensured that the giving (of the valuable item) was obtained despite the appellant stating that he could not agree to the suggested sentencing,” Justice Hasbullah said.
Azmil’s 17-year service, between 2001 and 2018, was also considered in the appeal.
On Oct 19, 2022, Azmil was convicted and sentenced by the Shah Alam Sessions Court after he was found guilty of obtaining gratification in a case he handled.
According to the charge sheet, Azmil, as a public servant, obtained for himself RM5,000 in cash without reciprocity.
The case he handled involved six accused persons who committed offences under the Common Gaming Houses Act 1953 whereby he sentenced them to a fine.
Azmil allegedly committed the offence at Setia Alam 2 on May 10, 2018.
He was charged under Section 165 of the Penal Code which provides for imprisonment of up to two years or fine or both.
The Sessions Court allowed Azmil’s application for a stay of execution on the sentence pending his appeal at the High Court.
