KUALA LUMPUR, Oct 9 — The High Court has ordered two Malaysian Anti-Corruption Commission (MACC) officers and a former officer of the agency to enter their defence on a charge of gang robbery involving a Chinese businessman five years ago.
Judge Datuk Mohd Arief Emran Arifin made the ruling after allowing the prosecution’s appeal against the Sessions Court’s decision to acquit and discharge the three men: MACC officers Muhamad Haffiz Mohd Radzi, 36, and Mohd Fahmee Mohamad Nor, 44, and former officer Azwan Asli, 41, at the close of the prosecution’s case.
"The prosecution's appeal is allowed. The Sessions Court judge erred in ruling that the element of fear could not be proven, when in fact that element did exist.
"The case is remitted to the Sessions Court for the defence stage of the trial before a Sessions Court judge. Bail for all three respondents is maintained, and the court has fixed October 29 for mention at the Sessions Court,” he said.
On August 4 last year, the Sessions Court acquitted and discharged the three men after ruling that the prosecution failed to prove the elements of robbery.
Deputy Public Prosecutors Datuk Mohd Nordin Ismail, Mohamad Fadhly Mohd Zamry, and Hench Goh appeared for the prosecution, while lawyer Azizul Shariman Mat Yusoff represented Haffiz, and lawyer Tan Sri Dzulkifli Ahmad represented Fahmee and Azwan.
On December 13, 2023, the three men were charged with jointly committing gang robbery against Kun Gao, involving cash of RM952,690 and CN¥1,225, a silver-colored luggage bag, and a black Louis Vuitton bag belonging to the businessman.
The offence was allegedly committed at a condominium on Jalan Ampang at 12pm on December 10, 2021. The charge was framed under Section 395 of the Penal Code, which provides for a maximum prison sentence of 20 years and whipping upon conviction.
According to the case facts, when Kun Gao arrived at the condominium at noon that day, Fahmee and Azwan were inside the unit. They identified themselves as MACC officers and said they wanted to search the premises for documents related to a money laundering investigation.
The trio accused allegedly forced the victim to surrender his passport and open a safe deposit box. Police also seized the mobile phones belonging to the businessman, his wife, their child, and the domestic helper.
Haffiz allegedly displayed handcuffs to Kun Gao as though he intended to arrest him.
Overcome by fear and feeling threatened, the victim was unable to stop the trio from searching the premises and could only watch as they took a silver luggage bag and a black Louis Vuitton bag containing RM952,690 in cash and CN¥1,225.
He was then instructed to carry both bags to the lobby to load them into a Toyota Hilux.
During the search, Kun Gao was not allowed to contact a lawyer or wait for one to arrive. No search form was provided, and he did not sign any document relating to the seizure of the cash and bags.
Police investigations, together with confirmation from the trio’s supervisor, established that their actions were not part of an official MACC operation but were instead an act of robbery.
