PUTRAJAYA: Court of Appeal judge Ahmad Zaidi Ibrahim today recused himself from hearing the final appeal of a former sessions court judge against his conviction and one-day jail sentence, as well as a RM12,000 fine for corruption involving court proceedings.
Zaidi made the decision on grounds that he was part of the three-judge panel that previously handled the case of the appellant, former Kuala Kubu Baharu sessions court judge Azmil Muntapha, 50.
“I confirm that I was a panel judge in the case involving the appellant’s forfeiture of rights.
“Previously, I reviewed the appeal records (of the corruption case). To be fair to the appellant, I am recusing myself from hearing this case,” said Zaidi, who was presiding alongside Justices Hadhariah Syed Ismail and Zaini Mazlan.
Earlier, lawyer Awang Armadajaya Awang Mahmud, representing Azmil, informed the three-judge panel chaired by Hadhariah that he was informed by his client Zaidi was one of the three judges who heard and decided on the case involving the appellant’s forfeiture of rights.
“We respectfully request that Justice Zaidi refrain from presiding over today’s appeal concerning the corruption case, as both cases involve similar facts,” the lawyer said.
Deputy public prosecutor Norzilati Izhani Zainal, who confirmed that both cases involved similar facts, said the forfeiture case had been presided over by Court of Appeal judge at that time, Vazeer Alam Mydin Meera, and Zaidi was a panel judge in that case.
On Oct 20 last year, the Court of Appeal dismissed the appeals of Azmil and businessman Leong Peng Woon to reclaim RM182,100 seized by the Malaysian Anti-Corruption Commission.
Today was set for Azmil’s appeal and the prosecution’s cross-appeal against the one-day jail sentence and RM12,000 fine imposed by the Shah Alam High Court on July 31, 2023.
The Court of Appeal has rescheduled the hearing for Aug 7.
On Oct 19, 2022, Azmil was sentenced to six months’ imprisonment and fined RM25,000 by the Shah Alam sessions court after he was found guilty of receiving a bribe of RM5,000 related to court proceedings.
Azmil was charged in his capacity as a sessions court judge to have obtained for himself RM5,000 from a person who he knew had a connection with his official function involving court proceedings of six accused persons in criminal cases.
The six accused, Chin Yat Soong, Yap Chiew Tat, Chin See Shak, Pang Kooi Fook, Yap Swee Ming and Chin Chee Keong, who were charged under Section 9 of the Common Gaming Houses Act 1953 (Act 289), were fined by Azmil for the offence.
Azmil was charged with committing the offence at Maybank Setia Alam 2 near here on May 10, 2018. - FMT
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