KUALA LUMPUR (March 23): Former rural development ministry secretary-general Datuk Mohd Arif Ab Rahman and his son Ahmad Zukhairi failed to overturn their sentences after the High Court here upheld their three-year and five-year jail terms respectively.
The duo were found guilty by the Sessions Court three years ago for accepting S$200,000 as an inducement for awarding a RM60 million contract to Syarikat Eramaz (M) Sdn Bhd via direct negotiation for a solar hybrid project in Sandakan, Sabah.
Judicial Commissioner Datuk Aslam Zainuddin today had upheld the decision by the Sessions Court after the pair had appealed against their sentences and convictions.
In 2018, Sessions Court judge Azura Alwi meted out the sentences and convictions, Mohd Arif was also fined RM3 million in default of three years’ imprisonment while his son Ahmad Zukairi was slapped with a RM9.6 million fine in default 10 years’ imprisonment.
Mohd Arif was found guilty of abetting Ahmad Zukhairi and using his position to procure gratification from Mohd Safian Mohd Salleh, who is the director of Syarikat Wazlina Sdn Bhd, an installer company for the solar hybrid contract.
Aslam, in his judgement, said the Sessions Court judge was not wrong in convicting both men after Azura, in her judgement three years ago, said the defence failed to raise reasonable doubt against the prosecution's case.
Guok Ngek Seong, who is the lawyer for the father and son, asked for a stay of execution pending their appeal at the Court of Appeal.
Deputy public prosecutor Wan Shaharudin Wan Ladin argued that while the stay of execution was acceptable, the duo needed to pay their fines.
He said failure to pay the fine will set a dangerous precedent and “open the floodgates” for other cases in the future.
“They can still get their money back if they win at the Court of Appeal,” he argued.
After deliberation, Aslam allowed for the stay of execution on both the fine and the jail time.
Aslam, however, increased the bail amount from RM500,000 to RM800,000 respectively for both men.