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Graft: Three cops acquitted
Published on: Wednesday, February 24, 2021
By: Jo Ann Mool
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Mohd Faiz kneeling on the floor signifying gratitude over his acquittal as soon as coming out from the courtroom, with Elly Boniface and Liza in the background with their counsels.
Kota Kinabalu: Three police personnel who were charged with corrupt practice four years ago were freed by the Special Corruption Court, here, Tuesday.

Inspector Mohd Faiz Mohd Yusof, 36, and corporals Elly Boniface Sie @ Siu Tugok, 41, and Liza Ambau, 42, were discharged and acquitted by Judge Abu Bakar Manat, respectively, of the charges against them at the end of their defence.

In delivering his decision, Abu Bakar held that after maximum evaluation on all evidence adduced by the defence, the court found that the defence had succeeded in raising reasonable doubts on the prosecution case.

He ordered the three to be discharged and acquitted of all charges against them.

In his findings, Abu Bakar held, among others, that there was no clear evidence and direct evidence showing the accused had solicited for money and that the evidence from two of the prosecution’s witnesses was inconsistent.

Mohd Faiz, Elly Boniface and Liza were seen sighing relief after hearing the court ruling.

Mohd Faiz was also seen kneeling on the floor signifying gratitude over his acquittal as soon as he came out from the courtroom after the proceedings.

Mohd Faiz faced three charges, while Elly Boniface and Liza had one charge each.

Mohd Faiz, on the first and second counts, allegedly accepted bribes of RM1,000 and RM2,000, respectively, from one Zaleha Brahim as inducement to not take action against one Rinciah Labik who was tested positive for drugs during the initial urine screening test at 10pm on Feb 9, 2016 and between noon and 7pm on Feb 10, 2016 at a car park near a restaurant in Donggongon town.

The charge, under Section 17(a) of the MACC Act 2009 and punishable under Section 24 of the same Act, carries a jail term of up to 20 years and a fine of not less than five times the sum or value of the gratification which is the subject matter of the offence or RM10,000, whichever is higher, on conviction.

On his third charge, Mohd Faiz was accused of asking a RM6,000 bribe from one Wong Kian Shung as inducement to not take action against one Dahlia Andreas who was tested positive for drugs during the initial urine screening test between 11pm and midnight on April 8, 2016 at Penampang police station.

Meanwhile, Elly Boniface and Liza were accused of soliciting a bribe of RM6,000 and RM3,000, respectively, from Wong for the same purpose as Faiz, between 11pm and midnight on April 8, 2016, at Penampang police station.

Elly Boniface, Liza and Mohd Faiz’s third charge were framed under Section 16(a)(B) of the MACC Act 2009, which is punishable under Section 24 of the same Act.

The three had, on March 9, 2017, claimed trial to the charges and were released on court bail.

MACC prosecuting officer Michael Joimin prosecuted, while the three were defended by counsel PJ Perira, Luke Ressa Balang and Dominic Chew.



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