[UPDATED] MACC duo, ex-colleague acquitted of robbing Chinese businessman

New Straits Times

2 hours ago

KUALA LUMPUR: Two Malaysian Anti-Corruption Commission (MACC) officers and a former colleague were acquitted and discharged of robbing a Chinese businessman in 2021.
Sessions Court judge Izralizam Sanusi made the ruling after finding that the prosecution had failed to establish a prima facie case against MACC officers Muhamad Haffiz Mohd Radzi, 35, and Mohd Fahmee Mohamad Nor, 43, along with former officer Azwan Asli, 40, at the close of the prosecution's case.
The accused had allegedly robbed Kun Gao of his belongings, which were RM952,690 in cash, 1,225 Chinese Yuan, a silver baggage and a black LV bag at Ritz Carlton Residence, Jalan Ampang at about noon on Dec 10, 2021.
The trio exhaled deeply, their faces breaking into relieved smiles as the judge delivered the ruling.
However, not a single family member was seen in court throughout the proceedings today.
In his brief decision, Izralizam said the prosecution failed to prove and establish the elements of robbery in the transaction.
He said the police report lodged by the victim, who was the prosecution's first witness (PW1), stated that the presence of the three men at his residence was to initiate an investigation into alleged money laundering offences.
"PW1 said he felt threatened because all three accused informed him that he could be arrested if he failed to cooperate with the investigation.
"However, the court finds that this does not amount to wrongful restraint if it was done in their capacity as MACC officers.
"The victim's own testimony showed he did not appear to be fearful of the trio during the incident, as he maintained he had committed no offence.
"There is no evidence that the victim was threatened with a firearm by the three men, although he claimed that one of them had a gun in his backpack," he said.
He said the alleged presence of a firearm was never proven during the trial.
On Dec 13, 2023, the accused pleaded not guilty to the offence which was allegedly committed at a condominium in Jalan Ampang at around noon on Dec 10, 2021.
They were charged under Section 395 of the Penal Code, which carries a maximum jail term of 20 years and whipping upon conviction.
Deputy public prosecutor Nor Aisyah Mohd Zanyuin prosecuted, while the three accused were represented by lawyers Tan Sri Dzulkifli Ahmad and Azzizul Shariman Mat Yusoff.
A total of 17 prosecution witnesses were called during the trial, which began in December 2024.
In a related case, Gao, on May 21, this year, filed a lawsuit against politician A.M.A. Tinagaran, his wife J. Latha, MACC Chief Commissioner Tan Sri Azam Baki, the trio and the government, accusing them of theft and extortion involving RM10 million.
Tinagaran was appointed as PKR state deputy chairman in the Perak central leadership council for 2018-2021 and contested the Hulu Kinta state seat in the 2013 general election but lost to the Barisan Nasional candidate at that time.
The plaintiff claimed Latha informed him that she could return all the plaintiff's belongings which were seized by the raiding team and requested to meet the former later for further discussion.
The plaintiff claimed MACC failed to ensure that a proper, strict and binding standing order be issued to all MACC officers to prevent any form of abuse of power.
He also claimed the government was vicariously liable for all actions of the said defendants.
The plaintiff is seeking general, aggravated, punitive and exemplary damages.