Najib's Pardon, Bullying, Syariah Criminal Offences Dominate This Year's Courtrooms

By Nor Fariza Mohd Razhi & Nordiana Barka

KUALA LUMPUR, Dec 21 (Bernama) -- This year, high-profile cases and bullying offences dominated courtrooms and public discourse, including those involving Datuk Seri Najib Tun Razak, Tan Sri Mohd Irwan Serigar Abdullah, Tan Sri Mohd Isa Abdul Samad, and the murder of a Universiti Pertahanan Nasional Malaysia (UPNM) student.

A landmark moment for Malaysia occurred on Nov 6 when the French Supreme Court dismissed a US$14.9 billion (RM62.59 billion) claim by individuals purporting to be heirs of the Sultanate of Sulu. This ruling, which prevented the enforcement of an arbitration award against Malaysia, marked a significant legal triumph for the nation.

Najib’s case was among the most discussed, particularly the Pardons Board’s decision to reduce his sentence related to the misappropriation of RM42 million from SRC International Sdn Bhd from 12 years to six and his fine from RM210 million to RM50 million, making him eligible for release as early as Aug 23, 2028.

Additionally, Najib, along with former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah, faced a criminal breach of trust charge involving RM6.6 billion in payments to International Petroleum Investment Company (IPIC). However, on November 27, the High Court granted them a discharge not amounting to an acquittal (DNAA).

On October 30, Najib was ordered to enter his defence on four charges of abusing his position to secure bribes totalling RM2.3 billion from 1Malaysia Development Berhad (1MDB) and 21 charges of money laundering involving the same amount.

Najib’s defence proceedings began on Dec 2, with him testifying under oath. His legal team plans to call at least 20 witnesses. He also faces three additional money laundering charges involving RM27 million in SRC funds, with the trial set to begin on May 19 next year.

Separately, the former Pekan Member of Parliament filed a judicial review in the High Court to challenge an addendum by the 16th Yang di-Pertuan Agong permitting him to serve his six-year sentence at home. However, the court dismissed the application on July 3. Najib appealed, and the Court of Appeal will hear the case on Jan 6.

In other cases, the Court of Appeal acquitted Tan Sri Mohd Isa Abdul Samad on March 6 of nine corruption charges involving RM3 million linked to the purchase of the Merdeka Palace Hotel & Suites in Kuching, Sarawak. The prosecution has since appealed to the Federal Court, with a hearing date pending.

On November 18, the Court of Appeal ordered Kinabatangan MP Datuk Seri Bung Moktar Radin and his wife, Datin Seri Zizie Izette Abdul Samad, to defend themselves against three corruption charges involving RM2.8 million. This overturned a High Court ruling on Sept 7 last year that had acquitted the couple.

The couple is set to enter their defence at the Sessions Court in April next year.

A major case this year involved the murder of Universiti Pertahanan Nasional Malaysia (UPNM) naval cadet Zulfarhan Osman Zulkarnain. On July 23, the Court of Appeal overturned the High Court’s 18-year prison sentence on six former UPNM students convicted of the offence to death.

In the judgment, Judge Datuk Hadhariah Syed Ismail, described their actions as cruel and inhumane, noting that they tortured Zulfarhan by pressing a hot iron onto multiple parts of his body, including his genitals, demonstrating malice, cruelty and a complete lack of compassion toward a fellow student. Also, after torturing the deceased, the accused conspired to conceal their crime.

Their crimes demonstrated malice, cruelty, and a lack of compassion, followed by an attempt to cover up the murder. The ruling drew widespread attention nationwide.

Bullying at UPNM remains a pressing issue. On Nov 8, Amirul Iskandar Norhanizan, 22, a cadet officer at the Military Training Academy (ALK), was charged with injuring a junior using a hot steam iron. He pleaded not guilty. Similarly, on Nov 22, another cadet officer, Mohd Adil Mat Awang Ghani, 22, pleaded not guilty to assaulting a junior by stepping on his stomach with a spiked boot. Both cases are ongoing.

On March 1, the Court of Appeal reduced the prison sentence of former Tronoh Assemblyman Paul Yong Choo Kiong, convicted of raping his Indonesian maid, from 13 years to eight, with an additional order for two strokes of the cane.

On Nov 12, the Federal Court allowed Yong to present new evidence in his appeal, returning the case to the Ipoh High Court, which scheduled Jan 13 for testimony from two Indonesian witnesses.

The murder of Deputy Public Prosecutor Datuk Anthony Kevin Morais gained attention when the Court of Appeal upheld the death sentence of six men, including Colonel Dr. R. Kunaseegaran, on March 14. The convicted men have since appealed to the Federal Court.

In another tragic case, a 22-year-old man convicted of murdering 23 residents of Darul Quran Ittifaqiyah in a 2017 fire was ordered to be detained at the Yang di-Pertuan Agong's pleasure. The Federal Court dismissed his final appeal on March 21, upholding his conviction and sentence.

On Sept 11, the Court of Appeal dismissed former Prime Minister Tan Sri Muhyiddin Yassin's application to review its decision to reinstate four charges of abuse of power involving RM232.5 million.

The case of Bella, a teenage girl with Down syndrome, made headlines when the High Court, on May 2, upheld the 12-year prison sentence of Rumah Bonda founder Siti Bainun Ahd Razali. She was convicted of neglecting and abusing Bella, and her appeal to overturn the conviction was dismissed.

On Jan 29, former Finance Minister Tun Daim Zainuddin was charged in the Sessions Court for failing to declare assets, including luxury vehicles, companies, and properties across several states. His wife, Toh Puan Na’imah Abdul Khalid, faced similar charges six days earlier for assets such as Menara Ilham and properties in Kuala Lumpur and Penang.

Daim passed away on Nov 13 at the age of 86. Days later, the Sessions Court acquitted him after the prosecution chose not to pursue the case.

Another case that captured public attention is that of a couple charged with neglecting their autistic child, Zayn Rayyan Abdul Matiin. The boy’s parents, On June 13, Zaim Ikhwan Zahari and Ismanira Abdul Manaf were charged with the offence in the Petaling Jaya Sessions Court on June 13. The case is scheduled for mention on Jan 10.

The murder of Nur Farah Kartini Abdullah drew significant attention this year. On July 26, Lance Corporal Muhammad Alif Monjani was charged in the Kuala Kubu Bharu Magistrate's Court for the murder after her body was discovered in a palm oil plantation.

Another high-profile case that made headlines involved the acquittal of former Eastern Sabah Security Command (ESSCOM)  Chief of Intelligence Staff SAC Datuk Mat Zaki Md Zain and seven others of murder and conspiracy in the murder of e-hailing driver, Nurman Bakaratu, after the victim’s ex-wife,  Nurima Juli, confessed to killing him.

Subsequently, on April 26, the woman and her half-brother, Sadam Kiram, were charged in the Tawau Magistrate's Court with Nurman’s murder.

On Feb 7, Sarawak Report founder and editor Clare Rewcastle-Brown was sentenced to two years in prison by the Kuala Terengganu Magistrate's Court for defaming the Sultanah of Terengganu, Sultanah Nur Zahirah.

A Syariah case in Terengganu made headlines on April 17 when the Kuala Terengganu Syariah High Court sentenced single mother Nurfifi Amira Nawi to six lashes and fined her RM4,000 for “khalwat” (close proximity), making her the first woman khalwat offender to be whipped.

She had previously been fined under Section 31(b) of the Syariah Criminal Offences (Takzir) (Terengganu) (Amendment) Enactment 2022 for a similar offence in 2018.

 On Nov 20, construction worker Kamalruazmi Ismail became the first person in Terengganu to be publicly flogged after being found guilty of committing ‘khalwat’ for the third time. 

Another high-profile case involved the Ulu Tiram Police Station attack, where five family members of the suspect in the Ulu Tiram police station attack were charged with terrorism-related offences. They were charged on June 19 with nine separate offences, including promoting acts of terrorism by instilling the ideology of the Islamic State (IS) terrorist group.

Another case involved a bus driver who gained notoriety for calling young girls his "crush". He pleaded not guilty on Sept 10 in the Muar Sessions Court to two charges of physical sexual assault to two children, including his niece.

On Sept 12, he was charged at the Batu Pahat Sessions Court with posting an offensive comment in a TikTok video.

Celebrity preacher Azman Syah Alias ​​or PU Azman made headlines this year when he was brought to court to face charges of physical sexual assault on children.

On Sept 27, the Klang Sessions Court sentenced him to 24 years in prison and two strokes of the cane after he was found guilty of two charges of physical sexual assault on a 17-year-old boy and on Dec 6,  the Klang Magistrate's Court sentenced him to 14 months in jail for gross indecency against a teenage boy.

 On Dec 17, the preacher was sentenced to another seven years in prison and two strokes of the cane by the Seremban Sessions Court after he pleaded guilty to four amended charges of physical sexual assault on two teenage boys two years ago.

The case involving GISB Holdings Sdn Bhd (GISBH) also made headlines when 37 individuals were brought to court in six states and charged with being members of an organised crime group, possession of banned publications, human trafficking and child exploitation.

On Oct 23, 22 individuals including GISBH chief executive officer Datuk Nasiruddin Mohd Ali, his wife Azura Md Yusof and the son of the former founder of Al-Arqam, Ashaari Muhammad, Mohammad Adib At-Tarmimi, pleaded not guilty in the Selayang Sessions Court to a charge of being members of an organised crime group.

 Divorce cases involving celebrities that made headlines this year included that of  Pendekar Awang actor, Fattah Amin, whose real name is Abdul Fattah Mohd Amin and Fazura, or Nur Fazura Sharifuddin.

There were also civil cases that made headlines. One of them was a decision by the Federal Court on Feb 9 which ruled 16 offences under the Kelantan Syariah Criminal Code Enactment (1) 2019 are null and void.

The historic decision by Chief Justice Tun Tengku Maimun Tuan Mat, who led a nine-member panel,  followed an application by Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Abdul Rahman, challenging the constitutionality of the offences.

Another major case involved Semantan Estate Sdn Bhd, where on Aug 7, the High Court ordered the government to transfer 263,272 acres (106,542 hectares) of land in Mukim Batu to the company. The land, located in the Jalan Duta prime area, houses key government buildings and institutions, includ

ing the Inland Revenue Board Complex. However, on September 12, the High Court granted the government's request to suspend the transfer decision pending appeal.

On March 29, the High Court ordered Mohd Isa, who is former FGV Holdings Berhad chairman, and its former CEO, Datuk Mohd Emir Mavani Abdullah, to pay RM3.31 million to FGV Holdings for the purchase of luxury condominium units in Kuala Lumpur, following a lawsuit filed in 2018.

Another court decision that made headlines was over a defamation suit filed by DAP chairman Lim Guan Eng against former Prime Minister Muhyiddin Yassin. On Nov 8, Muhyiddin was ordered to pay RM1.35 million in damages and costs of RM50,000 to Lim.

On Dec 16, Muhyiddin was granted a conditional stay and ordered to pay RM400,000 of the total amount to Lim by Dec 31 following a bankruptcy notice filed by Lim for failing to pay the RM1.402 million judgment (including RM50,000 costs and allocator of RM2,000. The remaining RM1.02 million should be paid before or on Jan 27 next year.

Lim filed the bankruptcy notice after Muhyiddin applied to postpone the payment of the judgment debt.

The review of the death penalty and life imprisonment, following the repeal of the Mandatory Death Penalty Act in 2023, garnered attention this year, particularly in high-profile cases such as the murder of Mongolian woman Altantuya Shaariibuu, the Lahad Datu invasion, and the killing of cosmetics millionaire Datuk Sosilawati Lawiya.

Notably, on Oct 2, the Federal Court upheld the death sentence for seven Filipino men, including Jamalul Kiram's nephew, who had claimed to be the Sultan of Sulu, for waging war against the Yang di-Pertuan Agong during the Lahad Datu invasion. The court dismissed their review application.

On Oct 8, the Federal Court upheld the death sentence of a former lawyer and farm worker involved in the murder of Sosilawati and her three assistants and two days later, it commuted the death sentence of former chief inspector Azilah Hadri to 40 years in prison for the 2006 murder of Mongolian Altantuya.

Another highlight of this year’s case is  Datin Seri Rosmah Mansor’s acquittal and discharge of 12 charges of money laundering involving RM7 million, as well as five charges of failing to declare her income to the Inland Revenue Board (IRB) yesterday (Dec 19).

Judge K. Muniandy granted an order of acquittal after allowing the application by the wife of former Prime Minister Datuk Seri Najib Tun Raher to have all charges against her quashed.

The application was based on the grounds that the charges were defective and failed to disclose the essential elements of the alleged offences.

Rosmah, 73, filed the application to strike out the charges in September 2023.

-- BERNAMA