Appeals court frees ex-ministry sec-gen from graft abetment conviction

Summary

• The Court of Appeal allows former Rural and Regional Development Ministry secretary-general Arif Ab Rahman's appeal against his conviction over bribery amounting to S$200,000 (RM614,000) linked to an electricity supply project.

• The court upheld the ruling on Arif’s son, however, it allowed his appeal to reduce his jail sentence from five years to four for soliciting and receiving bribes.

A former Rural and Regional Development Ministry secretary-general tasted freedom when his appeal to quash his corruption abetment conviction succeeded today.

The Court of Appeal allowed Arif Ab Rahman’s appeal against his conviction in an abetment case involving bribery amounting to S$200,000 (RM614,000) linked to a rural electricity supply project in Sabah, in 2016.

The ruling quashed not just the guilty verdict but also the three-year jail sentence and an RM3 million fine against Arif (above), 68.

It was a different outcome for his son as the three-person appellate panel chaired by Vazeer Alam Mydin Meera upheld the conviction against Ahmad Zukhairi over four counts of soliciting and receiving bribes amounting to S$200,000 in cash in 2016.

However, the bench partly allowed Zukhairi's appeal to reduce his jail sentence from five years to four, which is to run from today. The RM9.6 million fine against the 42-year-old also stays.

In reading out the unanimous appellate ruling on behalf of Vazeer and fellow bench member Lim Chong Fong, judge Azizul Azmi Adnan said that the Sessions Court in Kuala Lumpur erred in convicting and sentencing Arif.

Azizul said that prima facie (answerable case) was not actually proven against Arif.

"We are of the view that the circumstantial evidence against the first appellant (Arif) is not sufficient to prove culpability of the first appellant," Azizul said, noting that the overall evidence does not support abetment.

However, Azizul ruled that the bench was not persuaded by the defence arguments that there had ever been misdirection from the trial court.

"Our view is that the second appellant's (Zukhairi) conviction is safe," the appeal judge said, adding that the evidence against the appellant is overwhelming.

DPP cites six-year jail term for Milo theft case

During proceedings, deputy public prosecutor Wan Shaharuddin Wan Ladin cited the Milo theft case, which saw the accused punished with six years in jail.

In rebutting Zukhairi's defence team for a sentence reduction, the prosecutor compared the five-year jail sentence imposed on the appellant by the trial court and the six-year custodial term imposed on the Milo thief.

"We do not wish for society to say Milo theft case six years (jail) but here lesser (jail term of) how many years only," Wan Shaharuddin said.

The DPP was responding to Zukhairi's counsel Zamani Ibrahim pleading to the appeals court to reduce his client’s sentence.

The lawyer submitted that Zukhairi was a first offender and a family man who is the sole provider caring for two schooling girls.

"He is not a politician or public servant, he is just another ordinary citizen and pleads for leniency.

"We seek for him to be given a second chance, by the time he comes out (of jail), he can contribute to society. We seek your lordship's mercy," Zamani told the court.

Arif was seen patting his son’s shoulder just before police officers escorted him to jail.

Two different projects

The S$200,000 bribe was for Eramaz (M) Sdn Bhd to obtain a direct tender to install solar electricity devices on four remote islands near Sandakan at RM57.5 million.

The prosecutors' case against Zukhairi was also over him receiving RM70,000 and RM50,000 from Syarikat HH Global Construction Sdn Bhd for the firm to obtain a project to construct and complete a recreational space and other related works at Persisiran Tasik Pengkalan Gawi, Tasik Kenyir in Terengganu.

The Kuala Lumpur Sessions Court convicted and sentenced the father and son in 2018.

In 2021, the Kuala Lumpur High Court dismissed the duo's appeal on the guilty finding and sentence.

The Court of Appeal ruling was the final appeal avenue for the duo.

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