Three Malaysian Anti-Corruption Commission (MACC) officers, including two serving officers and a former officer, have been ordered to enter their defence over the alleged robbery of a Chinese businessman involving nearly RM1 million in cash.
High Court judge Justice Arief Emran Arifin allowed the prosecution’s appeal against their acquittal by the Sessions Court last year, ruling that a prima facie case had been established against Haffiz Radzi, Fahmee Nor and former MACC officer Azwan Asli.
Arief said the Sessions Court had erred in law and fact when it found insufficient evidence against the three accused.
They are charged with robbing businessman Kun Gao of RM952,690, 1,225 yuan, a luggage bag and a Louis Vuitton bag at his home in Jalan Ampang on December 10, 2021.
During the appeal hearing, Arief questioned why property allegedly seized during the purported investigation had been taken to the officers’ homes instead of MACC headquarters.
“If there was an actual investigation, why didn’t they bring the property to MACC to be accounted for? This is troubling me,” he said.
When lawyer Azizzul Shariman Mat Yusoff, representing Haffiz and Fahmee, argued that any failure to follow MACC’s standard operating procedures amounted only to a disciplinary matter, the judge disagreed.
“No, it is more than that,” Arief said, asking where the complaint and investigation papers were.
Lawyer Dzulkifli Ahmad, representing Azwan, argued that the officers had been conducting preliminary verification based on information received and that there was no evidence they had taken the property to their homes.
Arief rejected the argument, questioning whether the police could enter someone’s home and seize their belongings.
“There is a big question here. There may be issues of amount and weight. But can the police go to my house right now and take my television?” he asked.
The judge subsequently set aside the earlier acquittal and sent the case back to the Sessions Court for mention.
The existing bail was maintained at RM12,000 each for Haffiz and Fahmee, and RM10,000 for Azwan.
Case management has been scheduled for October 29 before a new Sessions Court judge.
Deputy public prosecutors Nordin Ismail, Fadhly Zamry and Hench Goh appeared for the prosecution, while Guok Ngek Seong and Ahmad Nur Zharif Rosdi held a watching brief for the complainant.
