Wednesday, August 27, 2025

Adam Radlan - Pay COMPOUND, No TRIAL, No Conviction, No Sentence - RM4.1million for charges if convicted may lead to just fine of more than RM50million? ABOLISH Compound for corruption, abuse of power, money laundering, etc...

When recently, politician Adam Radlan was ACQUITTED because he paid compound of RM4.1 million, after he had already been charged in Court - HOW EASY TO ESCAPE TRIAL, CONVICTION AND SENTENCE PROVIDED IN LAW -which includes FINE a fine of not less than five times the amount of the bribe or unlawful activity. - Look at the reported charges, he would have ended up being fined for more that RM50 million, considering the allegations was for a sum more than RM10 million - and Adam gets away by paying compound of RM4.1 million > and our Prime Minister Anwar had no noticeable comment OR even done much to end corruption - ABOLISH COMPOUND FOR CORRUPTION, MONEY LAUNDERING, ABUSE OF POWER...  

What is the lesson here? Commit crimes, and if caught, simply pay off part of the money received from bribes/unlawful activities (keep the rest), and you are gifted with an ACQUITTAL?  Surely, this does not DETER corruption, abuse of power or unlawful activities...in fact, it may encourage such unlawful activities..

And, even if Prosecution decides to discontinue a criminal trial because someone paid COMPOUND - DO NOT ACQUIT, just DISCHARGE them.  

Also absurd that COMPOUND amounts can even be RM1, as the law does not set any MINIMUM only the maximum  '(1) The competent authority or relevant enforcement agency, as the case may be, may, with the consent of the Public Prosecutor, compound any offence under this Act or under regulations made under this Act, by accepting from the person reasonably suspected of having committed the offence such amount not exceeding fifty per centum of the amount of the maximum fine for that offence' 

Read on - compound offer not taken, then person will be charged - ODD that after charged, payment resulted in ACQUITTAL???? 

Corrupt politicians in government political parties enjoyed for a long time an 'above the law' status - in that they never seemed tp get investigated or charged in court but then there was HOPE when Pakatan Harapan ousted the BN in 2018 to form the government, and we saw a lot of former Cabinet Members and MPs being charged in court - but that era seemed to have ended when Anwar Ibrahim became the Prime Minister...suddenly we seem to be on 'reverse gear' when even the current Deputy Prime Minister(from UMNO) suddenly got a DNAA, and ... COMPOUND is another thing being abused, when criminals escape trials, and get acquitted on the ground that they paid their COMPOUND, which really is offered at an early stage of investigation - NEVER after the person has been charged in court. WE NEED TO REFORM COMPOUND - and make it an admission of guilt. Further, it should not be made available for offenses of corruption, etc - including those committed by public officers and politicians... 

If a person pays a COMPOUND offered, it must be recorded as an admission of Guilt - and thus it will go into his/her criminal record. If INNOCENT, a person will not accept a compound offer and pay hundreds of thousands or millions..he will fight in court to prove his INNOCENCE. Anyone who accepts a compound offer, should be presumed to be GUILTY..

COMPOUND should not be OFFERED for certain CRIMES like corruption, abuse of power, money laundering, etc - in short SERIOUS CRIMES. It should just be limited to small crimes like traffic crimes, failure to wear face mask when required, smoking in a non-smoking area. As mentioned above, this should form a RECORD of crimes, equivalent to a conviction.

The Sessions Court on Wednesday acquitted Parti Pribumi Bersatu Malaysia's (Bersatu) Segambut deputy division chief Adam Radlan Adam Muhammad of the 12 charges of corruption and money laundering against him in relation to the Jana Wibawa programme.This is after he paid a RM4.1 million compound over the money-laundering charges on Monday (Aug 18). - Edge, 20/8/2025

The High Court has acquitted Datuk Seri Ahmad Maslan of two counts money laundering and giving false statement to the Malaysian Anti-Corruption Commission (MACC) charges.The Member of Parliament (MP) of Pontian was being charged with failing to declare RM2 million he received from Datuk Seri Najib Razak to the Inland Revenue Board (IRB) and gave false statement to the MACC.High Court Judge Ahmad Shahrir Mohd Salleh delivered the verdict to discharge and acquit the Secretary-General of UMNO as the prosecution withdrew the case against him after he paid a RM1.1 million compound. - Malaysian Gazette, 21/9/2021

Umno-linked lawyer Datuk Wira Mohd Hafarizam Harun has agreed to pay a compound of RM590,587.26 for him to be acquitted of his RM15 million money laundering charges in relation to getting funds from former premier Datuk Seri Najib Razak in connection to 1Malaysia Development Bhd (1MDB) and its former subsidiary SRC International Sdn Bhd into his former law firm client account. Edge, 30/7/2021

A person caught speeding or for reckless driving can be offered a compound for the 1st, 2nd and maybe the 3rd offence. But, thereafter, if he still commits the same/similar crimes, he should not be offered a COMPOUND. And the prosecution should be allowed to refer to the PAST 'offenses' - and, now they cannot because for the past offenses, he/she paid compound - and thus it was not recorded as a CONVICTION - here lies the problem.

What is the PROBLEM with all these cases, where it seems to be happening to politicians and persons linked to political parties - where after they are CHARGED - they pay COMPOUND and they end up not just getting a DISCHARGE but an ACQUITTAL?

TIMING - Compounds are usually offered way before a person is charged in Court - so, an offer for compound is made usually before the prosecution has completed its investigations...Now, a person offered compound is given a certain time frame to pay, and if he/she does not take up the offer within the stipulated time frame - then, prosecution continues with its investigation SECURING necessary evidence required to prove a prima facie case, or beyond reasonable doubt - and, at that stage the person is brought to court and CHARGED for the said crimes

ODDLY, in all the 3 above cases, the COMPOUND is paid after the accused has been charged in court - AND THIS IS WRONG. Note that COMPOUND offers lapses - and if the then suspect does not take up the offer, prosecution continues to work until SUFFICIENT evidence to convict ..and you cannot simply pay compound after you have been charged... 

(3) An offer under subsection (1) may be made at any time after the offence has been committed, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the competent authority or relevant enforcement agency may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made. 

Once, you are CHARGED in Court, you can PLEAD GUILTY, and that will mitigate the sentence by one third... That is ONLY option. I

n my opinion, you cannot now pay the Compound amount and get off scot free without even your CONVICTION being recorded. This is an ABUSE and is against the law. WORSE, it makes a MOCKERY of law.

For the ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001(AMLA), Repeal Section 92. There should be NO COMPOUND for such offenses, more so if the suspect is a Politician or a Public Officer.

Now, if a person offered compound and took up the offer - that will be it, and the person will no longer be investigated for that particular charge, and he/she will not be CHARGED in Court for that criminal offence...

SO, why are these politicians waiting to be CHARGED and then paying off compound offers - and as such getting NOT Discharged but ACQUITTED. Then, they can go around claiming innocence as the Court ACQUITTED them....This is NOT RIGHT at all. If he/she was INNOCENT, they would NEVER accept and pay compounds BUT will fight in court to prove their INNOCENCE.. 

COMPOUND OFFERS - The sum is not at all JUST - all the law states is that the sum should NOT EXCEED  'exceeding fifty per centum of the amount of the maximum fine for that offence'. There is NO minimum amount set - this means he could have got RM50 million, and get off by paying RM10,000? 

Look at the case of Adam Radlan - several charges  Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 and would have been punishable by up to 20 years in prison, and a fine of not less than five times the amount of the bribe, or RM10,000, whichever is higher, upon conviction, and also other charges undermoney-laundering charges amounting to more than RM3 million under Section 4(1)(b) of AMLA. which '...shall on conviction be liable to imprisonment for a term not exceeding fifteen years and shall also be liable to a fine of not less than five times the sum or value of the proceeds of an unlawful activity or instrumentalities of an offence at the time the offence was committed or five million ringgit, whichever is the higher...'

Based on the Edge report below, Adam Radlan was facing charges amounting more than RM10 million, and that means if convicted, not counting the imprisonment he would also end up having to pay a fine of ' of not less than five times the sum or value of the proceeds of an unlawful activity or instrumentalities of an offence at the time the offence was committed or five million ringgit, whichever is the higher...' that means no less than RM50 million...or RM5 million X the number of offences he was convicted(he was charged for about 12 or more offences).

So, what a GREAT DEAL for Adam Radlan - all he had to pay was a mere RM4.1 million (which may even far less that what he got through the criminal activities) 

So, the maximum fine would have been more than RM50 million - and he pays not even 50% but just RM4.1 million, with NO OBLIGATION to even pay back the fruits of his crime, if True and proven in court..

92  Power of competent authority to compound offences

(1) The competent authority or relevant enforcement agency, as the case may be, may, with the consent of the Public Prosecutor, compound any offence under this Act or under regulations made under this Act, by accepting from the person reasonably suspected of having committed the offence such amount not exceeding fifty per centum of the amount of the maximum fine for that offence, including the daily fine, if any, in the case of a continuing offence, to which that person would have been liable if he had been convicted of the offence, within such time as may be specified in its written offer.

(2) Any money paid to the competent authority or relevant enforcement agency pursuant to subsection (1) shall be paid into and form part of the Federal Consolidated Fund.

(3) An offer under subsection (1) may be made at any time after the offence has been committed, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the competent authority or relevant enforcement agency may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(4) Where an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.

And, wait this was a BERSATU Man - a member of the Opposition Party > So, now the government can claim that this Anwar's Unity Government does not practice SELECTIVE treatment for just its own party members of party friendly persons. WHY? This was a BERSATU man, a member of the Opposition - not a UMNO/BN or PH or government party man...

NO matter who it is, COMPOUND should be REFORMED...it should be abolished for serious offences of corruption, abuse of power, money laundering, etc..LET THE COURT decide on the Guilt or 'Innocence'

 

 

 

Bersatu’s Adam Radlan acquitted of corruption and money laundering after paying compound
20 Aug 2025, 01:12 pm
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KUALA LUMPUR (Aug 20): The Sessions Court on Wednesday acquitted Parti Pribumi Bersatu Malaysia's (Bersatu) Segambut deputy division chief Adam Radlan Adam Muhammad of the 12 charges of corruption and money laundering against him in relation to the Jana Wibawa programme.

This is after he paid a RM4.1 million compound over the money-laundering charges on Monday (Aug 18).

Deputy public prosecutor (DPP) Farah Yasmin Salleh, who appeared with DPP Fadhly Zamry, told the court that the prosecution had accepted Adam Radlan’s second representation letter, where he offered to pay the compound under Section 92(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

Farah then sought a discharge not amounting to an acquittal (DNAA). However, Adam Radlan’s counsel Datuk Seri Rajan Navaratnam told Sessions Court judge Suzana Hussin that a full acquittal was warranted since the compound had been paid.

After hearing submissions from the prosecution and defence, Suzana granted an acquittal.

When contacted separately by The Edge, DPP Farah Yasmin and Rajan confirmed the outcome of Wednesday’s proceedings.

Adam Radlan, 44, was charged with one count of soliciting a cash bribe of between 3.5% and 7% of a road construction project worth RM47.8 million, from Mat Jusoh Mamat, the managing director of MIE Infrastructure & Energy Sdn Bhd.

He was also charged with soliciting RM2 million in bribes from Lian Tan Chuan to help Lian’s company Nepturis Sdn Bhd to obtain a contract in the Klang Utara district for its head office from the government, worth RM141 million.

The third charge stated that Adam Radlan allegedly received RM2.1 million from Mat Jusoh for a separate roadwork project from Jalan Sg Adam to Kg Banat, Perlis, which cost RM47.8 million.

Adam Radlan was also charged with another count of accepting a bribe of RM500,000 from Mat Jusoh as an inducement to help the company secure the same project, which spanned from Jalan Sungai Adam to Kampung Banat in Perlis, from the government through direct negotiations.

He also faced two counts of receiving RM4.1 million in bribes from Lian Tan Chuan and Mat Jusoh for helping Nepturis and MIE obtain two similar Jana Wibawa projects, and one count of soliciting RM2 million from Lian, as an inducement to help Nepturis secure another Jana Wibawa project.

All the charges were framed under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 and would have been punishable by up to 20 years in prison, and a fine of not less than five times the amount of the bribe, or RM10,000, whichever is higher, upon conviction.

He also faced seven money-laundering charges amounting to more than RM3 million under Section 4(1)(b) of AMLA.

The offences were allegedly committed around Kuala Lumpur and Petaling Jaya between March 2021 and January 2023.

If he had been found guilty, he would have faced a maximum of 15 years' jail time and a fine of not less than five times the sum of the unlawful activity or RM5 million, whichever is the higher, for each money-laundering charge.

Jana Wibawa, or Program Jana Ekonomi Pemerkasaan Kontraktor Bumiputera Berwibawa, was mooted during the Perikatan Nasional administration, in which Bersatu was a component party.

The then-government said the programme was set up to improve the capacity of Bumiputera contractors in the construction industry, as well as to expedite project roll-outs to spur the nation’s economic recovery post Covid-19. EDGE, 20/8/2025

 

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