MACC/Prosecutor's decision to drop 29 corruption charges against former Felda board member Datuk Noor Ehsanuddin Mohd Harun Narrashid is raising much questions.It was also reported that Noor Ehsanuddin was a one-term Umno MP (2013 - 2018) for Kota Tinggi, Johor.
1 - After committing a crime, the fact that the accused paid back or returned the monies would result in a discontinuance or withdrawal of charges - then ACQUITTAL. I think this is wrong. If a crime is committed, then the criminal need to be tried, convicted and sentenced according to law. The fact that he returns the monies or 'fruits of the crime' does not affect the question of guilt. He could have pleaded guilty, and the courts may when it comes to sentencing determine whether this fact of returning monies, etc is a mitigating factor that will reduce the sentence handed down by the courts.
The only question is whether there was a crime committed. Whether he/she returns monies a few days later or 'before investigation is commenced' is totally irrelevant. The fact that he returned the monies received itself would be indicative of guilt. After all, if someone tried to bribe you - is it not our duty to report that crime?
The MACC had explained that Ehsanuddin was acquitted because he had returned the money before the investigations began on the 29 corruption charges.
“Based on new findings through new evidence presented, the accused managed to prove that he had repaid the money alleged to be bribery before the investigation began.
2. After receiving a 'bribe', one claims it was a 'loan' sounds absurd, does it not. Well, we have heard all kinds of similar claims like monies received was not for me but for my political party, etc. LOAN - well, if one gets a loan from a financial institution, etc, then it is reasonable. But, to receive monies as a loan from a private company, who legally does not have a money lending license is wrong, and is a breach of law. Will the company or entity that gave this 'illegal' loan now be investigated and prosecuted?
“The key witness also confirmed the matter as a loan,” MACC said in a statement yesterday.
“The key witness also confirmed the matter as a loan,” MACC said in a statement Sunday (Sept 5).
3. It is only right that prosecution discontinues or withdraws charges the moment it believes that the current available evidence is not sufficient to convince the court of someone's guilt - then the Courts ought to order a DISCHARGE NOT AMOUNTING TO ACQUITTAL(DNAA) - which means that at any later date, if and only if sufficient evidence is gathered, will the prosecution charge again. But when the Judge, instead of a DNAA, orders an acquittal, then the possibility of re-charging goes out of the window. Wonder why that Session Court Judge ordered an Acquittal, and not a DNAA? Was the Judge so confident, before even evaluating all evidence, that this former UMNO MP was innocent? A question for the Session Court Judge? Was there 'orders' or 'direction from above? Was there political interference? The Judge acquitted, but now the question is whether prosecution will appeal the acquittal for it to be changed to a DNAA?
"Because action was taken on a case and there was lack of transparency and professionalism involved, and it leaned towards political interests, which have caused the current MACC management to bear its implications," added Abu Zahar
Abu Zahar said he and the MACC advisory board do not want the MACC to be politicised by any quarters.
See earlier MADPET Statement, that also called for apology and compensation if the MACC and/or prosecution made a mistake in charging him, then subjecting him to 2 year trial...
AG/MACC must Apologize and Compensate Ehsanuddin after 29 Bribery Charge Withdrawn after 2 years - MADPET
The laws in Malaysia must be tightened - including the criminalizing of receipt of monies/benefits by a person, and/or his family/friends/political party.
Police/MACC and prosecutors abuse of their powers should also be criminalized...
Acquittals after mid-trial discontinuance, without even the Judge having evaluated all the evidence at the end of the trial must end. Just give them a DNAA as provided by law. ACQUITAL is after all an exception, and being human, no judge should mid-trial decide 100% that the said person is INNOCENT and close the doors on re-charging persons anytime in the future if suddenly new evidence emerges..
In this case, there seem to 'blame' put on prosecution witness. It is common practice that witness statements are recorded, and so, if a witness says something different from the statement given earlier - he may have committed 'perjury' - and lawyers can raise that 'change' in testimony compared to statements given earlier. Questions also arise - was that witness bribed/threatened to change his/her testimony? Was there witness tampering?
MACC also said that due to inconsistency in the testimony of the key witness, it had referred the case to the Attorney General’s Chambers and decided not to continue with the trial.
“The decision was made because the testimony of the key witness was inconsistent.
Public perception is most important...
- Nation
-
Wednesday, 08 Sep 2021
PETALING JAYA: Chairman of the Malaysian Anti-Corruption Commission (MACC) advisory board Tan Sri Abu Zahar Ujang has voiced concerns over the agency's decision to drop 29 corruption charges against former Felda board member Datuk Noor Ehsanuddin Mohd Harun Narrashid.
In a statement on Wednesday (Sept 8), Abu Zahar said he takes a serious view about the corruption charges that were dropped, saying that the agency's board felt there were weaknesses in the investigation.
Abu Zahar also noted that the withdrawal of the corruption charges is based on new facts from further investigations conducted after the suspect had put forward his representation and defence statement under Section 62 of the MACC Act 2009 during the trial.
"There are elements absent in the investigations and the decision by the prosecutor in early February 2019 by the Attorney General, as well as the management and administration of the MACC was made without thorough consideration," he said.
"Because action was taken on a case and there was lack of transparency and professionalism involved, and it leaned towards political interests, which have caused the current MACC management to bear its implications," added Abu Zahar
Abu Zahar said he and the MACC advisory board do not want the MACC to be politicised by any quarters.
"Any mistakes and weakness that happened before must not repeat itself. The principles of checks and balances that are practiced now must be implemented wisely, transparently and responsibly," he said.
Abu Zahar also said he has held discussions with the other six board members, and they agreed to take a serious stance over the case.
Bernama reported on Sept 1 that Ehsanuddin had been acquitted and discharged of 29 corruption charges after the prosecution withdrew the charges against him.
The MACC had explained that Ehsanuddin was acquitted because he had returned the money before the investigations began on the 29 corruption charges.
It also said further
investigations were commenced when Ehsanuddin submitted his
representation and statement of defence under Section 62 of the MACC Act
2009 during the trial. - Star, 8/9/2021
Reason charges against ex-Felda man dropped
Nation
Monday, 06 Sep 2021
It said that Noor Ehsanuddin had submitted his representation and statement of defence under Section 62 of the MACC Act 2009 during the trial.
“Based on new findings through new evidence presented, the accused managed to prove that he had repaid the money alleged to be bribery before the investigation began.
“The key witness also confirmed the matter as a loan,” MACC said in a statement yesterday.
MACC also said that due to inconsistency in the testimony of the key witness, it had referred the case to the Attorney General’s Chambers and decided not to continue with the trial.
“The decision was made because the testimony of the key witness was inconsistent.
“The prosecution had informed the Kuala Lumpur Sessions Court of the withdrawal of all 29 charges during the trial proceedings of the case before judge Suzana Hussin on May 21,” MACC added.
Previously, Noor Ehsanuddin, 58, faced 14 charges of accepting a bribe of RM23,540.68 in instalments for a BMW 3 Series car from a printing company, Karya Hidayah Sdn Bhd, in 2014 and 2015.In the Johor Baru court, he faced 10 charges including receiving a bribe of RM50,000 and a piece of land from the same company in 2013 and 2014.
He was also charged in the Shah Alam Sessions Court with five counts of accepting the maintenance of two vehicles and the legal fee payment of RM12,707.60 for the purchase of a piece of land.Noor Ehsanuddin was a one-term Umno MP (2013 - 2018) for Kota Tinggi, Johor. - Star, 6/9/2021
MACC: Noor Ehsanussin's charges dropped as investigations revealed new facts
- Nation
-
Sunday, 05 Sep 2021
PETALING JAYA: The decision to withdraw 29 corruption charges against former Felda board member Datuk Noor Ehsanussin Mohd Harun Narrashid was made based on facts, says the Malaysian Anti-Corruption Commission (MACC).
MACC said the accused had submitted his representation and statement of defence under Section 62 of the MACC Act 2009 during the trial.
Following that, further investigations were conducted by the MACC into the defence.
“Based on the new findings through the new evidence presented, the accused managed to prove that he had repaid the money alleged to be bribery before the investigation began.
“The key witness also confirmed the matter as a loan,” MACC said in a statement Sunday (Sept 5).
Due to the inconsistency of the key witness’ testimony, MACC had referred the case to the Attorney General’s Chambers and decided not to continue with the trial.
“The decision was made because the testimony of the key witness was inconsistent.
“The prosecution had informed the Kuala Lumpur Sessions Court of the withdrawal of all 29 charges during the trial proceedings of the case before Judge Suzana Hussin on May 21,” MACC said.
Previously, Noor Ehsanuddin, 58, was facing 14 charges of accepting a bribe of RM23,540.68 in instalment payments for a BMW 3 Series car from a printing company, Karya Hidayah Sdn Bhd, in 2014 and 2015.
In the Johor Baru court, he faced 10 charges including receiving a bribe of RM50,000 and a piece of land from the same company in 2013 and 2014.
He
was also charged in the Shah Alam Sessions Court with five counts of
accepting the maintenance of two vehicles and the legal fee payment of
RM12,707.60 for the purchase of a piece of land. - Star, 5/9/2021
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