Former Pahang water firm procurement manager begins three-year jail term after losing bribery appeal

PUTRAJAYA, Oct 29 — The Court of Appeal today upheld the three-year jail sentence and RM239,500 fine imposed on a former procurement manager of Pengurusan Air Pahang Berhad after dismissing his appeal to set aside his conviction on 22 charges of receiving RM44,700 in bribes.

A three-member panel led by Justice Datuk Noorin Badaruddin ruled that Sani Khan Ali Khan had failed to show any error of law or material fact in the High Court decision that convicted him on all the charges.

On January 26, the Kuantan High Court set aside a Sessions Court decision that had acquitted and discharged him of all the charges.

The Court of Appeal panel, which also comprised Justices Datuk Mohd Radzi Abdul Hamid and Datuk Meor Hashimi Abdul Hamid, ordered him to begin serving his sentence today.

Sani Khan, 51, had previously been granted a stay of execution and released on RM20,000 bail with one surety pending the outcome of this appeal.

In today’s proceedings, Justice Noorin said the High Court’s intervention was justified and that it had made no material error in setting aside the Sessions Court decision that had acquitted and discharged Sani Khan.

“The statutory presumption under Section 50(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 applies,” she said.

She said banking records proved that the money had been received into the appellant’s bank account, and that his claim that the payments were house rental was unconvincing.

Justice Noorin said that although the appellant relied on tenancy agreements and bank transactions labelled as house rent, the court found that the documents did not prove the payments were genuine rent.

She added that the appellant had also failed to show that the alleged defects in the charges had caused him to misunderstand the case or suffer material prejudice in preparing his defence.

Justice Noorin said the evidence was assessed cumulatively, with the banking records, witness testimony, tenancy documents and surrounding circumstances weighed together for each charge. The court found no material error warranting the overturning of any of the 22 convictions.

On December 26, 2024, the Sessions Court ruled that the prosecution had failed to prove its case beyond a reasonable doubt, and acquitted and discharged Sani Khan on all the charges.

However, the High Court allowed the prosecution’s appeal to set aside his acquittal and found him guilty on all 22 charges.

The High Court imposed three years’ jail for each charge and ordered Sani Khan to pay a RM239,500 fine, or 12 months’ jail in default. The sentences were ordered to run concurrently.

At the Court of Appeal today, MACC deputy public prosecutors Law Chin How, Haresh Prakash Somiah and Hazel Tan Jia Qi appeared for the prosecution.

Sani Khan was represented by lawyers Mohd Baharuddin Ahmad Kassim, Datuk Mohd Najid Husain and Nornajihah Ahmad Nadjemudin. — Bernama