Prosecution appeals immigration officer’s bribery case acquittal

 

Immigration officer Al-Ridhuan Ahmad Zaini (right) during an earlier court appearance. (Bernama pic)

KUALA LUMPUR: The prosecution has filed an appeal in the High Court to set aside the acquittal of an immigration officer facing 17 counts of receiving RM21,500 in bribes from a woman to free foreign nationals who broke immigration laws in 2020.

It wants Al-Ridhuan Ahmad Zaini, 38, to enter his defence on all charges, saying the sessions court judge had erred in concluding that the prosecution had failed to prove all the ingredients of the charges.

However, judge Rozina Ayob, who held otherwise, said a material prosecution witness, Nur Amamina Maulad Adnan had failed to complete giving her evidence as she had absconded.

“The prosecution failed to produce her despite a warrant of arrest being issued,” the judge said in her 48-page decision that was released today.

Rozina had acquitted Al-Ridhuan last year.

She said Nur Amamina’s statement to the Malaysian Anti-Corruption Commission (MACC) during the investigation could not be tendered through the recording officer as it did not satisfy the requirement under the Evidence Act.

The judge said there were many gaps in the chain of evidence presented by prosecution witnesses, especially two “accomplice witnesses”, who were also immigration officers and had an interest in the case.

“The evidence by the investigating officer was also extremely weak as he conducted a shoddy investigation,” she said.

Al-Ridhuan was accused of allowing foreigners to exit the country through klia2 instead of taking action against them.

He allegedly accepted bribes amounting to RM21,500 from Nur Amanina, via Maybank and CIMB accounts, which was deposited into a Bank Muamalat account belonging to Syarikat Entiti Maju Enterprise – a company owned by his wife Nurul Natasha Andrew.

The bribe was purportedly obtained for himself in exchange for allowing the foreigners who had committed offences under the Immigration Act 1959/63 to leave Malaysia through klia2 without taking legal action against them.

All the offences were allegedly committed at Jalan Tasik Utama 7, Medan Niaga Tasik Damai, here, between July 25 and Nov 11, 2020.

The charges carry a maximum jail term of 20 years and a fine of five times the value of the offence committed or RM10,000, or whichever is higher, upon conviction.

Lawyer Harcharanjit Singh represented Al-Ridhuan while deputy public prosecutors Nor Diana Nor Azwa and Natrah Fareha Rahmat conducted the prosecution. - FMT