PUTRAJAYA, Sept 30 — The Court of Appeal has upheld a three-year prison sentence and RM80,000 fine against a former police corporal convicted of accepting a RM16,000 bribe.
The court also ordered Azrol Khalil, 41, to serve an additional one year in prison if he fails to pay the fine.
A three-judge panel comprising Datuk Azman Abdullah, Datuk Mohd Radzi Abdul Hamid, and Datuk Nadzarin Wok Nordin unanimously dismissed his appeal against both the conviction and sentence.
In the judgment dated Monday (September 28) posted on the judiciary's website, Judge Radzi said Azrol had failed to rebut the presumption of corruption under Section 50(1) of the Malaysian Anti-Corruption Commission Act 2009 on the balance of probabilities.
The evidence clearly showed that the appellant (Azrol) had received the bribe for himself and that the receipt was connected to his position as a public body officer, to close a commercial crime case against the complainant.
"The complainant made the RM16,000 bribe payment as an inducement for the appellant and in reliance on the appellant's representation that he could make any authorised officer close his case," he said.
Judge Radzi added that the court could not accept Azrol's defence that he was merely collecting money on behalf of his superior officer without any personal interest.
"The evidence shows the appellant's active involvement in negotiating the amount to be paid by the complainant, up until the money was received and placed inside his shirt," he said.
Azrol had requested and received the bribe for himself, even though part of the money might have been distributed to others.
The former policeman was charged with receiving a RM16,000 cash bribe from a 54-year-old man to induce him to close a commercial crime case against an individual under investigation by the Commercial Crime Investigation Division of the Gombak district police headquarters.
The offence was allegedly committed at a restaurant in Taman Prima Sri Gombak, Batu Caves, on February 7, 2022.
On November 27, 2024, the Sessions Court found him guilty and sentenced him to three years' imprisonment and an RM80,000 fine, or one year's imprisonment in default.
Subsequently, on August 11 last year, the High Court dismissed Azrol's appeal and upheld the Sessions Court's conviction and sentence.
