PUTRAJAYA: Court of Appeal Judge Datuk 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.
Ahmad Zaidi made the decision on the grounds that he was part of the three-judge panel that had previously handled the case of the appellant, former Kuala Kubu Bharu 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 had reviewed the appeal records (of the corruption case), and I overlooked…to be fair to the appellant, I am recusing myself from hearing this case,” said Ahmad Zaidi, who was presiding alongside Judges Datuk Hadhariah Syed Ismail and Mohamed Zaini Mazlan.
Earlier, lawyer Awang Armadajaya Awang Mahmud, representing Azmil Muntapha, informed the three-judge panel chaired by Hadhariah that he was informed by his client that Ahmad 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 Judge Ahmad 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 that the forfeiture case had been presided over by Court of Appeal Judge at that time, Datuk Vazeer Alam Mydin Meera, and Ahmad Zaidi was a panel judge in that case.
On Oct 20 last year, the Court of Appeal dismissed the appeals of Azmil Muntapha and businessman Leong Peng Woon to reclaim RM182,100 seized by the Malaysian Anti-Corruption Commission (MACC).
Yesterday was set for Azmil Muntapha’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 Muntapha 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 Muntapha was charged in his capacity as a Sessions Court judge to have obtained for himself RM5,000 from a person who he knew had 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 Muntapha for the offence.
Azmil Muntapha was charged with committing the offence at Maybank Setia Alam 2, near here on May 10, 2018. – BERNAMA
