Former Tourism Ministry director-general Mirza Mohammad Taiyab was today acquitted from a charge of receiving valuable gratification in the form of an expensive dental treatment as a public officer.

He was acquitted and discharged by the Kuala Lumpur Sessions Court without his defence being called.

Judge Zainal Abidin Kamaruddin said the prosecution had failed to prove a prima facie case.

"Hence, he is discharged and acquitted of the charge," he said.

NONE Mirza ( photo:left ), 51 was charged under Section 165 of the Penal Code with accepting dental treatment worth RM13,860 paid for by Zulhisyam Ayob, a director of advertising firm Perunding Pakar Media Sdn Bhd between Jan 17, 2005 and July 26, 2005.

During that time, Mirza was deputy director-general I of the ministry, while his elder brother Mirza Mohd Tariq was the managing partner of Perunding Pakar Media.

He was alleged to have committed the offence at the Clinic Practice Prosthodontics in Taman Tun Dr Ismail.

If found guilty, Mirza could have been sentenced up to two years in jail, a fine or both.

Zainal Abidin in his 38-page judgment in acquitting the senior public servant said the prosecution has failed to prove mens rea (criminal intent) on the part of Mirza in receiving the dental treatment that was supposedly paid by Zulhisyam as he had denied in making the complaint.

"Although the prosecution has argued that Zulhisyam was a hostile witness, the court has to look at the evidence in totality.

"Hence, the court cannot accept the evidence of alleged gratification from Zulhisyam to pay the dental fees, as stipulated under Section 42(3) of the Anti Corruption Act 1997," he said.

The question of criminal intent, the judge said, was important for criminal cases.

Failure to call complainant fatal

The judge also commented that the prosecution's failure in calling the actual complainant Mohd Zamri Zainul Abidin, who is with the Malaysian Anti-Corruption Commission, had been fatal to the case.

"Zamri was the person who had gone to the clinic and was the complainant. Hence, his evidence on the investigations should have been important on what had actually transpired with the accused," he said.

"The absence of such evidence as to the basis of the investigation, I would say is detrimental to the prosecution's case," he said.

Talking to reporters after his acquittal, Mirza, wearing a maroon "baju melayu", said the court's decision has vindicated him of any wrongdoing.

"I have gone through a lot, been humiliated, under stress and suspended as a result of being charged."

"Now I feel vindicated," he said.

He had been suspended since Aug 13 last year and he will decide on his next course of action after the ministry's disciplinary board sits.

The father of three children had previously claimed that he was 'set-up' by his enemies.

"It is all fabricated and I think it is unfair," he had said when he was charged.

"I mean, think about it, somebody alleged something and they arrested me immediately based on mere allegations. I hope that person has evidence if he or she is making such accusations."

Mirza was represented by Sashidaran Menon and Abdul Aziz Abdul Rahman, while the DPP Saiful Hazmi Mohd Saad represented the MACC.

Saiful Hazmi indicated they received instructions to appeal.