THE Shah Alam High Court has reduced the jail sentence of a former Sessions Court judge convicted of corruption from six months to one day.

Judge Hasbullah Adam reduced the fine imposed by the Shah Alam Sessions Court on October 19, 2022, on Azmil Muntapha Abas, 50, from RM25,000 to RM12,000 for the offence after allowing his appeal.

However, Hasbullah rejected the former Kuala Kubu Baru Sessions Court judge’s appeal to set aside his conviction after finding no merit to interfere with the lower court’s findings and decision in the case, in accordance with section 316 of the Criminal Procedure Code.

“Therefore, the conviction is safe,” Hasbullah said in his grounds of judgement issued on December 29.

Hasbullah set aside the sentence handed down by the Sessions Court judge and replaced it with a day’s imprisonment and a fine of RM12,000, in default three months’ jail, after finding merit in the appellant’s appeal.

He said Azmil’s offence under section 165 of the penal code provided for a maximum two-year term in jail, a fine, or both, but there was no provision requiring imprisonment.

“The key element of the offence was receiving a valuable item without reciprocity. This is different from the main offence under section 17(a) of the Malaysian Anti-Corruption Commission 2009, which provides for a maximum of 20 years in jail and a fine of five times the amount of gratification,” he said.

Hasbullah said the court took into account the role of the fourth prosecution witness Shah Alam High Court deputy registrar Ahmad Feisal Mohd Azmi as a “temptation” to the appellant by offering money.

“It was the active role of the witness who ensured the money was handed over even though the appellant said that he could not agree to the proposed sentencing,” he said, adding that the court took into consideration Azmil’s 17-year service from 2001.

Azmil was charged in his capacity as a Sessions Court judge to have obtained for himself RM5,000 without consideration from a person he knew had connections with his official role, involving court proceedings of six accused persons in criminal cases.

The six accused were 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.

They were fined by Azmil for the offence.

Azmil was charged with committing the offence at Maybank Setia Alam 2 on May 10, 2018.

The charge, under section 165 of the penal code, provides for imprisonment up to two years, a fine, or both, if found guilty. – Bernama, January 3, 2024.