July 27, 2011

http://www.freemalaysiatoday.com/2011/07/27/court-of-appeal-upholds-kubang-kerian-umno-chiefs-acquittal/

PUTRAJAYA: The Court of Appeal today upheld a 2008 Sessions Court’s decision acquitting Kubang Kerian Umno chief Mohd Fauzi Ismail on two counts of money-laundering involving RM138,210.

A three-member bench headed by Justice Sulong Mat Jeraie, in a unanimous decision, ruled that the appellate court had no reason to disturb the findings of the lower court.

“The prosecution had failed to prove a prima facie case against the respondent (Mohd Fauzi),” said Justice Sulong when dismissing the appeal by the Malaysian Anti-Corruption Commission (MACC).

The two other judges were Justice Abdul Wahab Patail and Azhar Mohamed.

The Sessions Court had, on Jan 22, 2008, acquitted and discharged Mohd Fauzi on the two money-laundering charges without calling for his defence.

Subsequently, on an appeal by the MACC, the High Court in July last year upheld the Sessions Court’s decision.

Mohd Fauzi had been charged with obtaining cash from illegal activities amounting to RM91,650 from Mohd Syahbuddin Hashim, 26, an Umno branch chairman, in front of the Sultan Mohamed IV Stadium between 12.30 pm and 7 pm on Jan 6, 2005.

He was also charged with receiving RM46,560 from his assistant Wan Ibrahim Wan Setapa, 43, at the Kubang Kerian Umno office between 1pm and 2pm on Jan 10, 2005.

Mohd Fauzi was represented by Sukri Mohamed while Deputy Public Prosecutor Mohd Asnawi Abu Hanipah appeared for the MACC.

Mohd Fauzi told reporters he was relieved by the decision of the Court of Appeal and would focus on preparing the Kubang Kerian Umno division members for the next general election.