PUTRAJAYA (Nov 3): A three-member Court of Appeal bench has deferred the hearing of the final appeal by a former magistrate who was convicted of six counts of graft and sentenced to 12 years’ jail and fined a total of RM1.05 million.

Judge Datuk Azman Abdullah, who led the panel, decided to adjourn the hearing on Tuesday after the appellant, Mohamad Amin Shahul Hamid’s counsel, Nor Shahid Abd Malik, appeared unprepared.

The bench, which also comprised judges Datuk Hayatul Akmal Abdul Aziz and K Muniandy, noticed that the lawyer was unable to answer several questions posed to him.

The judges had asked whether the defence had raised questions challenging the Malaysian Anti-Corruption Commission (MACC) officers who conducted the raid and sting operation in which Amin was caught holding a bag containing money.

Azman and Muniandy asked what aspects of the prosecution’s case were being disputed. Nor Shahid replied that his client denied holding the bag or receiving a phone call from the complainant.

The judges then asked the lawyer whether he could show them the relevant transcript of the court proceedings, but Nor Shahid was unable to do so.

This prompted the prosecution, led by Datuk Wan Shaharuddin Wan Ladin, to assist the appellate bench by locating and reading out the transcript, which recorded an MACC officer’s testimony that he had seen Amin holding the bag on either his left or right arm.

Following this, Muniandy and Azman asked Nor Shahid whether he was truly prepared to argue the case.

“Remember, this is a final appeal involving your client, and you have to truly convince us to set aside the conviction and sentence,” Azman said.

Nor Shahid subsequently requested a short adjournment, explaining that he had only recently taken over the case at the appellate stage, although he had prepared the written submissions.

Wan Shaharuddin, who appeared with deputy public prosecutors (DPPs) Haresh Prakash Somiah, Ezuan Farhana Ahmad, Atirah Mohd Azuarizanuddin, Alis Izzati Azurin Mohd Rusdi and Ruzaini Sarif, suggested that the court adjourn for an hour or slightly longer to give Nor Shahid sufficient time to prepare.

“This case has been adjourned four times before this. I also have to prepare for other high-profile cases involving Tan Sri Muhyiddin Yassin and Lim Guan Eng,” said the senior DPP, who is also the deputy head II of the Attorney General’s Chambers’ Trial and Appellate Division.

However, Nor Shahid, who appeared with Haressh Tamil Selvan and Zul Azam Md Dahlan, said he might need more time and suggested that the hearing be fixed for another date.

Hayatul reminded Nor Shahid to prepare the case properly, while Muniandy also stressed that the matter involved the former magistrate’s final appeal.

“As judges, we have to read the record of appeal and written submissions again,” they said.

Following this, Azman fixed Dec 3 for the continuation of the hearing.

Amin was found guilty by the Kuantan Sessions Court in March 2022. His conviction and sentence were subsequently upheld by Kuantan High Court judge Datuk Mohd Radzi Harun, who is now a Court of Appeal judge.

He was charged with six counts of soliciting RM100,000 and receiving RM110,000 in bribes from a trader, Hassan Basri Ahmad Sutan Modo, between July and October 2019 while serving as a magistrate in Lipis and Raub, Pahang.

He was subsequently sentenced to 12 years’ jail and fined RM1.05 million. However, he was granted a stay of execution pending his appeal, while his bail was increased from RM50,000 to RM100,000.