Former Selangor executive councillor Saidin Thamby was today freed from a charge of accepting a RM1 million cheque as gratification.

A three-member panel of the Court of Appeal led by Justice Abdul Malik Ishak freed Saidin after dismissing the prosecution’s final appeal against Saidin’s acquittal for graft.

Abdul Malik together with Justices Azhar Ma’ah and Mohtaruddin Baki also affirmed the High Court’s ruling allowing Saidin’s appeal to set aside his conviction and sentence meted out on him by the Sessions Court.

Abdul Malik said the panel had given careful thought to submissions made by either side in the context of the evidence in record.

“We are of the view that neither the quality of the materials produced nor their (prosecution’s) proper evaluation could be held to be sufficient to prove the prosecution’s case beyond reasonable doubt,” he said.

NONE In his 88-page of judgment, Abdul Malik said that the panel was not inclined to record a verdict of guilt against the respondent (Saidin) on such slender and doubtful evidence.

He also said that “corruption” was an ugly word which was easy to allege but it required a heavy burden to prove in a court of law as it must be proven beyond a reasonable doubt.

He added in this case, the court was not concerned with a moral wrong but only with a legal wrong.

“There is nothing reprehensible when an Adun (assemblyperson) makes a commission legally and legitimately. But that commission must not be corruptly received in the context of Section 3 (a)(i) of the Prevention of Corruption Act 1961,” he said.

‘Not a party to a corrupt act’

Abdul Malik said the entire story about a donation to Umno during the trial was not true and that Saidin was not a party to a corrupt act.

The prosecution had appealed against the decision of the Shah Alam High Court, delivered on April 27, 2009, to allow Saidin’s appeal to set aside his conviction and sentence.

The Sessions Court sentenced the former Paya Jaras assemblyperson in the Selangor State Legislative Assembly to one year’s jail, RM10,000 fine or six months’ jail, and a penalty of RM1 million, to be paid to the federal government after finding him guilty of accepting a RM1 million cheque as gratification.

Saidin was charged with receiving the bribe at a house in Taman Selaseh, Batu Caves about 12.30am on March 15, 1997.

The charge under Section 3 (a)(i) of the Prevention of Corruption Act 1961 carries a jail term of up to five years or a maximum fine of RM10,000, or both.

After the verdict was pronounced, Saidin, 76, was hugged by his daughter and surrounded by his friends.

Saidin told reporters that he was happy with the judgment and felt relieved  as it cleared his name after 14 years.

- Bernama