PUTRAJAYA: A policeman lost his appeal to set aside his conviction and the 10 months’ jail sentence and a fine of RM10,000 for receiving a RM1,000 bribe to switch urine samples of two suspects, 13 years ago.
Court of Appeal three-member panel comprising Court of Appeal judges Datuk Seri Kamaludin Md Said and P. Ravinthran and High Court judge Datuk Wira Ahmad Nasfy Yasin unanimously dismissed Lance Corporal Shahrul Anuar Abdullah’s appeal against conviction and sentence.
“We are satisfied that the conviction is safe,” said Justice Kamaludin chairing the panel. He then ordered a warrant of committal to be issued.
Shahrul Anuar, who has been on bail, was immediately handcuffed and taken to serve his jail sentence.
The panel had upheld the decision of the Kangar High Court which convicted and sentenced Shahrul Anuar to 10 months’ jail and fined him RM10,000 in default four months jail.
Shahrul Anuar, who is attached to the Kangar district police headquarters Narcotics Unit, was accused of receiving the bribe from Mohamad Mustaqim Othman through a Maybank savings account, as an inducement to change urine samples of Mohamad Farzus Othman and Che Asri Che Nat who tested positive for drugs, at 5.43 pm on Nov 1, 2007, at Maybank Berhad Kangar Branch, Perlis.
Shahrul Anuar, 52, was initially discharged and acquitted by the Sessions Court at the end of the prosecution’s case but the High Court then allowed the prosecution’s appeal for the case to be remitted back to the Sessions Court for him (Shahrul Anuar) to enter his defence.
The sessions court acquitted him at the end of the defence case and on appeal by the prosecution, the High Court set aside the acquittal and sentenced Shahrul Anuar to two years imprisonment and a fine of RM10,000 in default one year’s jail.
Deputy public prosecutor Wong Poi Yoke told reporters that the case then went up to the Court of Appeal which set aside the High Court’s decision as the High Court heard the matter by way of a revision instead of an appeal because the trial judge did not write the grounds of judgment.
She said the High Court then reheard the matter again by way of a revision and subsequently ordered for the case to be retried at the sessions court.
The case went up to the Court of Appeal once again which then directed the matter to be remitted back to the High Court and for the case to be heard by way of an appeal.
The High Court judge Chan Jit Li heard the appeal and subsequently convicted and sentenced Shahrul Anuar to 10 months’ jail and a fine of RM10,000.
Lawyer Hisyam Teh Poh Teik represented Shahrul Anuar. - Bernama