High Court Judge Dato Hairol Arni dismissed himself from the trial of six Customs officers charged with bribes due to a “conflict of interest”.
The judge yesterday handed over the case to another judge. However, hearing dates have not been set.
All six defendants – Ahmad bin Haji Sahari, Mohd Sanip bin Ura, Haji Mazlan bin Haji Shabuddin, Mohd Mazalan bin Hj Sidop, Muhammad Rafi bin Hj Abd Rashid and Pg Ahmad bin Pg Hj Md Daud – had been charged with accepting corruption and “obtaining valuable things in connection with their principal’s affairs”.
They were released on bail of $5,000 or one local surety.
Ahmad bin Haji Sahari faces a first charge of having corruptly accepted BND$400 from a fuel smuggler inside a car parked at the vicinity of Mastercon Complex on January 19, 2009 as “an inducement or reward for forbearing to do an act in relation to his principal’s affairs which is to take action against the said fuel smuggler”.
The second charge states that the defendant obtained BND$400 without consideration or for “a consideration which he knew to be inadequate from the said fuel smuggler whom he knew to have a connection with the official functions of himself as a Customs Officer” whose duty is to enforce the provisions of the Customs Order 2006.
A third allegation states that Ahmad corruptly accepted BND$300 from another fuel smuggler inside a car parked at Mastercon Complex, Jalan Pandan, Kuala Belait, sometime in December 2008.
The fourth count is a charge of obtaining the valuable thing ($400).
Mohd Sanip bin Ura faces a charge of corruptly accepting BND$350 from a fuel smuggler between January 12 and January 13, 2009, at a restaurant in Kuala Belait. Mohd Sanip faces a second count of obtaining the valuable thing.
A third charge states that Mohd Sanip had corruptly accepted a gratification from a fuel smuggler in the form of sexual services from a female prostitute at Mega Hotel, Miri, Sarawak on January 18, 2009. The fourth count states that Mohd Sanip had obtained the valuable thing.
Haji Mazlan bin Haji Shabuddin faces a charge of corruptly accepting BND$400 from a fuel smuggler on January 19, 2009 inside a car parked at a roadside in Seria. The second charge against Hj Mazlan states that he had obtained the valuable thing.
Mohd Mazalan bin Hj Sidop faces a first charge of corruptly accepting RM$800 from a fuel smuggler at a coffee shop near DST office in Kuala Belait sometime in 2007. A second count states that the defendant had obtained the valuable thing.
The third charge states that the defendant had corruptly accepted BND$1,100 from a fuel smuggler at a coffee shop near Chemiland shop at Pandan 3, Kuala Belait, sometime in November 2007. The fourth charge states that the defendant had obtained the valuable thing.
Mohd Mazalan faces a fifth charge of having corruptly accepted BND$300 from a fuel smuggler sometime in May 2008 at Lot 6401, Simpang 206-10, RPN Kg Pandan, Kuala Belait. The sixth charge states that Mohd Mazalan obtained the valuable thing.
Muhammad Rafi bin Hj Abd Rashid faces a first charge of corruptly accepting BND$2,600 from a fuel smuggler at a Mini Mart in Sg Liang on or about November 25, 2007.
The second count alleges that the defendant obtained the valuable thing.
A third count states that Muhammad Rafi corruptly accepted RM500 from a fuel smuggler in the vicinity of Sungai Tujoh Customs Post on or about January 25, 2008. The fourth charge alleges that the defendant had obtained the valuable thing.
On the fifth count, Muhammad Rafi is alleged to have corruptly accepted RM500 from a fuel smuggler at Sungai Tujoh Customs Post on or about February 25, 2008.
The sixth charge states that the defendant had obtained the valuable thing.
Pg Ahmad bin Pg Hj Md Daud faces a first charge of having corruptly accepted BND$100 from a fuel smuggler at the Sungai Tujoh Customs Post sometime in December 2007. The second charge states that the defendant had obtained the valuable thing.
A third charge against Pg Ahmad states that he had corruptly accepted RM900 from a fuel smuggler sometime in September 2007 in the vicinity of Boulevard, Miri, Malaysia.
The fourth charge states that the defendant had obtained the valuable thing.
Deputy Public Prosecutor Hjh Anifa Rafiza prosecuted the case.
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