KUALA LUMPUR: A former Sessions Court judge who was convicted of corruption had his jail sentence reduced from six months to a day’s imprisonment after the Shah Alam High Court allowed his appeal.
Azmil Muntapha Abas, 50, also had his fine reduced from RM25,000 to RM12,000 for the offence.
The High Court, however, ordered Azmil to serve three months in jail if he fails to pay the RM12,000 fine.
Azmil was appealing both his conviction and sentence where he was found guilty of receiving gratification in a case he presided over.
In his full grounds of judgment, which were released last Friday (Dec 29), Judge Hasbullah Adam said there was no merit and no sufficient grounds to interfere with the Sessions Court’s findings in Azmil’s case.
“This court finds the conviction to be safe and therefore dismisses the appellant’s appeal on the conviction,” he said.
The court, however, allowed Azmil’s appeal on the sentencing and ordered for the reduction in punishment on grounds that imprisonment was not mandatory.
Judge Hasbullah said the offence provision under Section 165 of the Penal Code provided for a maximum two-year term in 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 adequate consideration. This is different from the offence of Section 17(a) of the Malaysian Anti-Corruption Commission 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,” Judge Hasbullah said.
Azmil’s 17-year service, between 2001 and 2018, was also a factor of consideration 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 cash without adequate consideration.
The case he handled involved six accused persons who committed offences under the Common Gaming Houses Act 1953 where he sentenced them to a fine.
Azmil 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 a 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.
