KUALA LUMPUR: The Shah Alam High Court today reduced the six-month prison sentence to a one-day imprisonment for a former judge convicted of receiving RM5,000 without consideration.
The court has also reduced Azmil Muntapha Abas' fine from RM25,000 to RM12,000 in default three months imprisonment.
Judge Hasbullah Adam in his judgment said the court was satisfied and found no meritorious reason to disturb the lower court's findings and decision regarding the conviction.
"I found that the conviction is sound and decided that the appeal against the conviction is dismissed.
"However, the court allowed the appeal against the sentence by setting aside the lower court's sentence and replacing it with a one-day imprisonment and a fine of RM12,000," he said.
Azmil Muntapha was charged in his capacity as a Sessions Court judge to have obtained for himself RM5,000 without consideration from a person who he knew had connection with his official function involving court proceedings of six accused persons in criminal cases.
The six accused are Chin Yat Soong, Yap Chiew Tat, Chin See Shak, Pang Kooi Fook, Yap Swee Ming and Chin Chee Keong, who were charged under Section 9 of the Common Gaming Houses Act 1953 (Act 289).
They were fined by Azmil Muntapha for the offence.
Hasbullah said there was merit in the appeal against the sentence, including the absence of a mandatory provision requiring mandatory imprisonment and the key element of the offence being the receipt of valuable items without consideration.
"This is different from Section 17(a) of the Malaysian Anti-Corruption Commission Act 2009 which stipulates a maximum imprisonment of 20 years and a fine five times the value of the gratification.
"The court also considered the role of the fourth prosecution witness (Shah Alam High Court deputy registrar Ahmad Feisal Mohd Azmi) as a 'temptation' to the appellant with valuable items and money," he said.
On Oct 19, 2022, Sessions Court judge Rasyihah Ghazali handed down the sentence on Azmil after finding that the defence had failed to raise a reasonable doubt against the prosecution's case.
However, the court allowed a stay of the execution of the jail sentence pending an appeal at the High Court and increased the amount of bail from RM6,000 to RM12,000.