Appeals court clears former varsity vice-chancellor of abuse of power

 

Former UPSI vice-chancellor Zakaria Kasa with his lawyers. (Bernama pic)

PUTRAJAYA: The Court of Appeal here today acquitted former Universiti Pendidikan Sultan Idris (UPSI) vice-chancellor Zakaria Kasa of abuse of power by including his son’s name in a list of people called for job interviews at the university 10 years ago.

The three-member panel, led by Justice Hadhariah Syed Ismail, alongside Justices Azman Abdullah and Azmi Ariffin, overturned Zakaria’s conviction and sentence of 18 months imprisonment and a RM10,000 fine imposed by the Ipoh High Court on June 2 last year.

In the unanimous decision, the panel said they found the evidence presented did not satisfy the criteria for the charge under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009.

“The appellant, Zakaria, was accused of including his son, Fauzi, for an interview.

“However, testimonies from the fourth and fifth prosecution witnesses revealed that Fauzi had applied online and was eligible for the interview.

“PW4 and PW5 affirmed that they were not influenced by the appellant in selecting Fauzi for the interview.

“Based on their testimonies, the court deems the appellant’s conviction unsafe. As such, the High Court judge’s verdict and sentencing are overturned. The appellant is acquitted and discharged,” Hadhariah said.

Zakaria, 67, was charged with using his position by directing Faizi Othman, the UPSI registrar, to include Fauzi for an interview on Sept 12, 2014.

The offence was allegedly committed at the university in Tanjung Malim between June 24 and Sept 12, 2014.

On Dec 3, 2019, the Ipoh sessions court acquitted and discharged Zakaria, ruling that the prosecution had not established a prima facie case against him.

The prosecution appealed the decision. The Ipoh High Court, on June 2, 2023, overturned the previous ruling and sentenced Zakaria to 18 months imprisonment and fined him RM10,000.

Zakaria’s legal team included Awang Armadajaya Awang Mahmud, Shahidah Muslimah Roslan, Hasshahari Johari Mawi, Radzlan Jalaludin and Hafizan Shafuan Kamarulzaman.

The prosecution was represented by deputy public prosecutors Atiqah Abdul Karim and Maziyah Mansor.

Earlier, Awang Armadajaya argued that the credibility of the registrar was questionable because his testimony contradicted that of the fourth and fifth prosecution witnesses.

The lawyer argued that his client’s instruction to the registrar to “take a look” did not constitute an offence under Section 23 of the MACC Act 2009.

Atiqah argued that Fauzi’s name was included in the interview list at the appellant’s request.

She said the appellant and PW1 were aware that Fauzi did not pass the initial screening and was ineligible for an interview. - FMT