Graft over a RM432,000 tender: Cop walks free
Published on: Tuesday, January 24, 2017
Kota Kinabalu: A senior police officer accused of abusing his position by approving a food catering tender worth RM432,000 to a company belonging to his nephew walked out of court a free man, Monday.Sessions Court Judge Abu Bakar Manat, who convened the Special Corruption Court, discharged and acquitted Assistant Commissioner of Police Abd Radzak Abd Ghani (pic), 55, without his defence being called.In making the decision, Abu Bakar, among others, said even though there was presumption under Section 23(2) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, the defence had rebutted the presumption during the prosecution's case by proving there was no mens rea or malice to commit the offence.
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He also said there were material inconsistencies between important witnesses for the prosecution."On a maximum evaluation of the prosecution's evidence, I find that the prosecution has failed to prove a prima facie case against the accused," Abu Bakar said. Abd Radzak was accused of using his position as a member of the Evaluation and Quotation Selection Committee in choosing Syarikat Fulscale Development owned by his nephew one Sharial Taufan Nerawi.The charge stated that Abd Radzak, who is attached with the State police headquarters, had awarded the cooked food ration supply tender for detainees in the police lock-up from May 1, 2014 until April 30, 2016.He allegedly committed the offence at 11.30am on April 1, 2014 at the meeting room of the State Police Commissioner's office in the Kepayan police headquarters, near here.
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The offence, under Section 23 of the Malaysian Anti-Corruption Commission (MCC) Act 2009, punishable under Section 24 of the same Act, provides for a jail term of up to 20 years and a fine of not less than five times the amount involved or RM10,000, whichever is higher.Stay up-to-date by following Daily Express’s Telegram channel.
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MACC Prosecuting Officer (PO) Among Jengga, who stood in for PO Awang Shamsul Baharam Bongsu, appeared for the prosecution while counsel Zahir Shah defended Abd Radzak.
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About 23 witnesses were called during the hearing.