Former Pahang water firm procurement manager begins three-year jail term after losing bribery appeal

PUTRAJAYA, Oct 29 — The Court of Appeal today upheld the three-year jail sentence and RM239,500 fine imposed on a former procurement manager of Pengurusan Air Pahang Berhad after dismissing his appeal to set aside his conviction on 22 charges of receiving RM44,700 in bribes.

A three-member panel led by Justice Datuk Noorin Badaruddin ruled that Sani Khan Ali Khan had failed to show any error of law or material fact in the High Court decision that convicted him on all the charges.

On January 26, the Kuantan High Court set aside a Sessions Court decision that had acquitted and discharged him of all the charges.

The Court of Appeal panel, which also comprised Justices Datuk Mohd Radzi Abdul Hamid and Datuk Meor Hashimi Abdul Hamid, ordered him to begin serving his sentence today.

Sani Khan, 51, had previously been granted a stay of execution and released on RM20,000 bail with one surety pending the outcome of this appeal.

In today’s proceedings, Justice Noorin said the High Court’s intervention was justified and that it had made no material error in setting aside the Sessions Court decision that had acquitted and discharged Sani Khan.

“The statutory presumption under Section 50(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 applies,” she said.

She said banking records proved that the money had been received into the appellant’s bank account, and that his claim that the payments were house rental was unconvincing.

Justice Noorin said that although the appellant relied on tenancy agreements and bank transactions labelled as house rent, the court found that the documents did not prove the payments were genuine rent.

She added that the appellant had also failed to show that the alleged defects in the charges had caused him to misunderstand the case or suffer material prejudice in preparing his defence.

Justice Noorin said the evidence was assessed cumulatively, with the banking records, witness testimony, tenancy documents and surrounding circumstances weighed together for each charge. The court found no material error warranting the overturning of any of the 22 convictions.

On December 26, 2024, the Sessions Court ruled that the prosecution had failed to prove its case beyond a reasonable doubt, and acquitted and discharged Sani Khan on all the charges.

However, the High Court allowed the prosecution’s appeal to set aside his acquittal and found him guilty on all 22 charges.

The High Court imposed three years’ jail for each charge and ordered Sani Khan to pay a RM239,500 fine, or 12 months’ jail in default. The sentences were ordered to run concurrently.

At the Court of Appeal today, MACC deputy public prosecutors Law Chin How, Haresh Prakash Somiah and Hazel Tan Jia Qi appeared for the prosecution.

Sani Khan was represented by lawyers Mohd Baharuddin Ahmad Kassim, Datuk Mohd Najid Husain and Nornajihah Ahmad Nadjemudin. — Bernama

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布城，10月29日讯——上诉法院今日驳回了彭亨州水务公司前采购经理的上诉，维持了对其22项受贿罪名（共计44700令吉）的三年监禁和239500令吉罚款的判决。

由法官拿督诺林·巴达鲁丁领导的三人小组裁定，萨尼·汗·阿里·汗未能证明高等法院判决他所有罪名成立存在任何法律或实质性事实错误。

1月26日，关丹高等法院推翻了地方法院此前宣告他无罪释放的判决。

上诉法院小组由法官拿督莫哈末拉兹阿卜杜勒哈米德和拿督梅奥哈希米阿卜杜勒哈米德组成，命令他今天开始服刑。

51岁的萨尼·汗此前已获准暂缓执行死刑，并以2万令吉的保释金和一名担保人获释，等待上诉结果。

在今天的庭审中，努林法官表示，高等法院的干预是合理的，并且高等法院在撤销地方法院宣告萨尼·汗无罪释放的判决方面没有犯任何实质性错误。

“马来西亚反贪污委员会（MACC）2009 年法令第 50(1) 条规定的法定推定适用，”她说。

她说，银行记录证明这笔钱已经存入了上诉人的银行账户，而他声称这些款项是房屋租金的说法缺乏说服力。

努林法官表示，虽然上诉人依赖租赁协议和标明为房屋租金的银行交易记录，但法院认为这些文件并不能证明这些款项是真正的租金。

她补充说，上诉人也未能证明指控中的所谓缺陷导致他误解了案情或在准备辩护时遭受了实质性损害。

努林法官表示，法院对证据进行了综合评估，将银行记录、证人证词、租赁文件和相关情况一并权衡，以判断每项指控是否成立。法院认为，22项定罪中没有任何实质性错误足以推翻任何一项。

2024 年 12 月 26 日，地方法院裁定检方未能排除合理怀疑地证明其指控，并宣告萨尼·汗无罪释放。

然而，高等法院允许检方上诉，撤销了对他的无罪判决，并认定他犯有全部 22 项罪名。

高等法院对每项指控判处三年监禁，并责令萨尼·汗缴纳239,500令吉罚款，否则将被判处12个月监禁。所有刑期合并执行。

今天在上诉法院，反贪污委员会副检察官罗振豪、哈雷什·普拉卡什·索米亚和陈嘉琪代表控方出庭。

萨尼汗的代表律师为Mohd Baharuddin Ahmad Kassim、Datuk Mohd Najid Husain 和 Nornajihah Ahmad Nadjemudin。 — 马新社

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