Latest news with #MalaysianAnti-CorruptionCommissionAct
New Straits Times
24-07-2025
- New Straits Times
Two Bangladeshi men claim trial to bribing immigration officer with RM15,000
KUALA LUMPUR: A Bangladeshi man claimed trial at the Sessions Court today to bribing an Immigration Department officer with RM15,000 to bypass entry procedures into Malaysia for six of his fellow countrymen in May. Kabir Hossain, 51, clad in a Malaysian Anti-Corruption Commission lock-up T-shirt, made his plea before judge Azura Alwi. According to the charge, he had committed the act by giving the bribe to a man to be handed over to an immigration officer at 2.17pm at a unit in Jalan Nyonya off Jalan Changkat TH on May 14. The offence under Section 16(b)(B) of the Malaysian Anti-Corruption Commission Act punishable under Section 24(1) carries a maximum 20-year jail term and a fine not more than five times the bribe sum or RM10,000, whichever is higher, upon conviction. Prosecuting officer Mohd Hanafi Firdhaus Abd Latif urged the court to set bail at RM10,000 with two sureties. Lawyer Nur Aida Zainuddin asked the court to allow bail for Kabir, who came to Malaysia seeking a better life to support his wife, their five-year-old child and aging parents. "The accused has no relatives in Malaysia, aside from a fellow Bangladeshi, who was also arrested in the case. "The accused's money has been seized by the MACC and he does not have any savings," she said. At another Sessions Court, an employment agent, Akter Hossain, 55, also a Bangladeshi, pleaded not guilty to a charge of conspiring with Kabir to bribe the officer. He made his plea before judge Rosli Ahmad. Akter was accused of committing the offence at the same time and place. The charge under Section 28(1)(c) of the act, read with Section 16(b)(B) and punishable under Section 24(1), carries the same penalties as the earlier charge. Hanafi Firdhaus suggested the same bail of RM10,000 with two sureties. Aida, however, asked for a lower bail as Akter suffers from multiple health issues and was hospitalised for three days while under detention. "He is self-employed with no fixed income. He came to Malaysia with his wife and they have the Malaysia My Second Home visa. "His wife is fully dependent on him and she has no one else here. "Since his remand, he and his wife's bank cards were seized by the MACC. "I ask for a minimal bail and Akter has pledged to attend all court proceedings," she said. Both courts allowed Kabir and Akter a RM10,000 with two sureties bail and ordered them to surrender their passport to the court and report to the MACC monthly. The court set Aug 29 for the next mention of the case.
Daily Express
04-07-2025
- Daily Express
Abuse of position: Ex-assistant civil engineer to know fate August 20
Published on: Friday, July 04, 2025 Published on: Fri, Jul 04, 2025 By: Jo Ann Mool Text Size: The offence under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is punishable under Section 24 of the same Act, which 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. Kota Kinabalu: A former assistant civil engineer, who appealed against the 12 months' jail sentence and RM20,000 fine on two counts for abusing his position in awarding a road maintenance project to his sister's company, will know the outcome of his appeal on Aug 20. High Court Judge Datuk Celestina Stuel Galid on Thursday fixed the date for appellant Herwan Malik after hearing his appeal against the Sessions Court's decision and submissions from the prosecution as the respondent. Advertisement Herwan, 40, who was challenging both his conviction and sentence, appealed to set aside the decision made by the trial judge. On Aug 29, 2023 he was convicted and sentenced to 12 months' jail and RM10,000 fine in default three months' jail on the first count for misusing his position as the committee member in making a decision on Kota Marudu District Office quotation to select Pemborong Sri Tassha which belonged to his sister Rozanah Malik, 32, to carry out the road maintenance project along Jalan Pertanian in Kg Sungai Laut, Kota Marudu. The offence took place between 8am and 5pm on Feb 28, 2013 at the Kota Marudu District Office. On the second count, Herwan was jailed another 12 months plus RM10,000 fine, or three months' jail for misusing his position to award the road maintenance project in Kg Pendawar, Kota Marudu, to the same company at the same place at 3pm on April 30, 2014. The offence under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is punishable under Section 24 of the same Act, which 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. Herwan was ordered to serve the jail sentence concurrently but he managed to obtain a stay of execution pending an appeal to the High Court. Counsel Shahlan Jufri, representing the appellant, raised 10 grounds of appeal, which summarised that the trial judge failed to properly evaluate all the evidence adduced during the trial and did not fairly or justly assess the defence. He further argued that the Sessions Court judge erred in law and in fact by concluding that his defence was an afterthought, a bare denial, and a fabrication of evidence. He also claimed the judge failed to draw an adverse inference under Section 114(g) of the Evidence Act 1950 against the prosecution, and erred in finding that he had failed to rebut the presumption under Section 23(2) of the Malaysian Anti-Corruption Commission Act (MACC) 2009. Deputy Public Prosecutor Haresh Prakash Somiah urged the court to uphold the Sessions Court judge's findings and dismiss the appeal. He submitted that the evidence before the court had been tested for its truthfulness, and the credibility of all the respondent's witnesses remained intact and that the appellant's evidence, on the other hand, was shown to suffer from contradictions and bare denials. He further argued that the respondent had successfully proven his case beyond reasonable doubt and that there was reason for the court to interfere with the Sessions Court judge's findings. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Daily Express
12-06-2025
- Daily Express
Charged with using fake document
Published on: Thursday, June 12, 2025 Published on: Thu, Jun 12, 2025 By: Cynthia D Baga Text Size: Nazri is accused of submitting the fake claim statement which was a bill from Syarikat Pengangkutan Putra dated May 12, 2017 for payment of transporting two vehicles to Papar and three workers to move/carry goods when in fact the service was never rendered. Kota Kinabalu: A 45-year-old civil servant was charged with using a fake document to get claim amounting to RM19,100. Town Planning Officer, Nazri Hamburg, pleaded not guilty before Sessions Court Judge Jason Juga, to the charge against him on Wednesday. Advertisement Nazri is accused of submitting the fake claim statement which was a bill from Syarikat Pengangkutan Putra dated May 12, 2017 for payment of transporting two vehicles to Papar and three workers to move/carry goods when in fact the service was never rendered. He allegedly submitted the fake document dated June 12, 2017 to an Administrative Assistant (Finance) at the Sabah Town and Regional Planning Department with intention to deceive his principal. The alleged offence took place on Oct 2, 2017 at the Sabah Town and Regional Planning Department, here. The offence under Section 18 of the Malaysian Anti-Corruption Commission Act (MACC) 2009, punishable under Section 24(2) 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 or value of the false particulars, or RM10,000, whichever is higher, upon conviction. The court fixed July 10 for pre-trial case management. Nazri was released on bail of RM10,000 with RM5,000 deposited in a local surety. The court also ordered Nazri to report once a month to the MACC office and his passport, if any, to be kept by the court. The court also reminded him not to disturb the prosecution's witnesses pending disposal of the case. MACC Prosecuting Officer Dzulkarnain Rouslan Hasbi prosecuted while counsel Hannan Razaini represented Nazri. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
New Straits Times
11-06-2025
- Business
- New Straits Times
Proposed law could make companies criminally liable for fatal safety lapses
KUALA LUMPUR: A proposed amendment to the Penal Code, or the introduction of a new bill, to hold companies criminally liable for serious safety lapses resulting in loss of life is expected to raise safety standards in all sectors, lawyers said. They welcomed the move as a timely step towards greater corporate accountability but stressed that the law must target genuine negligence, not accidental mishaps beyond anyone's control. Lawyer Datuk Sankara Nair praised Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said's proposal, especially if it is modelled after the UK's Corporate Manslaughter and Corporate Homicide Act 2007. He described the initiative as a critical and progressive step in strengthening corporate responsibility, particularly in the wake of Monday's fatal bus crash in Gerik, Perak. "If enacted, the legislation would mark a significant legal reform by enabling companies to be held criminally liable for fatal consequences arising from serious management or operational failures. "It would shift the focus of accountability to the corporate level, reinforcing the need for strong leadership, rigorous oversight and a culture of safety in organisations," he said. On Monday, Azalina said it was timely for the government to consider amending the Penal Code or introducing a new law for corporate liability, in light of the Gerik crash. She said such a law had been introduced in the United Kingdom, prompted by workplace fatalities where no corporate entity could be held criminally accountable under previous laws, especially companies providing transportation services. By addressing systemic failings rather than assigning blame to individuals, Sankara said the proposed law could raise safety standards across all sectors. He added that the law would be a landmark step in protecting lives, delivering justice to victims, and restoring public trust in corporate governance. Meanwhile, lawyer Datuk Geethan Ram Vincent said Malaysia already holds companies accountable for corrupt acts under Section 17A of the Malaysian Anti-Corruption Commission Act, and a similar principle could be applied to serious safety violations. He said the move to introduce a new law would send a strong signal that safety is a corporate responsibility, not just an operational one. However, he said, the effectiveness of such a law depends on its structure and implementation. "We must ensure it targets genuine negligence and doesn't criminalise unavoidable accidents. "In many cases, the core issue is not the absence of law but the lack of enforcement. "If safety regulations aren't monitored, then new legislation alone won't solve the problem," he said. Geethan said any new legislation must be defined, enforceable and fair to strike a balance between justice and public safety. Lawyer Joshua Tay said that legal reforms should not be a knee-jerk reaction but must be preceded by research. He said a distinction must be made between deliberate corporate negligence and genuinely accidental incidents.
