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Bizarre anti-corruption case

FCRO Subsection: 
Editorial Staff

The facts of the case are just odd. The recipient of a bribe has been jailed and ordered to pay a fine of five times the amount of the bribe. But it's what the bribe was for that beggars belief

Mohd Emir Mavani Abdullah, 54 was under investigation by the Malaysian Anti Corruption Commission. He arranged to meet one M. Youganesparan, 54, (that's how he styles himself) at a café in a swish development on the fringes of the centre of Kuala Lumpur. There, Abdullah paid Youganesparan MYR20,000, about GBP5,200,. The reason for the payment was that Youganesparan was to seek to influence the MACC investigation with a view to getting it "dropped."

So, a man under investigation by the MACC committed a bribery offence to try to not be investigated by MACC.

Abdullah was charged under sSection 16(a)(B) of the MACC Act 2009 and punishable under Section 24 of the same law, provides a jail term for up to 20 years’ jail or a fine of RM10,000 or five times the bribe amount, whichever is higher, upon conviction.

An attempt to appeal was allowed on limited grounds: the conviction stands, the fine was ordered to be paid immediately but the sentence for jail was stayed pending appeal. His grounds were those that are almost written on the walls of the courts, they are used so often: he's a first offender (don't laugh - at least they didn't say he's a good boy at home) and more seriously, he's the only breadwinner in his family. This latter ground is very commonly used in Malaysia to reduce, suspend or even overturn jail sentences.

And a special mention must go to the the understatement of the year by the prosecutor asking for a deterrent sentence. Bribery is "getting rampant" is he reported as saying,

 


 

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