MACC officers acquitted of gang robbery charge

KUALA LUMPUR: The Sessions Court here has acquitted and discharged two Malaysian Anti-Corruption Commission (MACC) officers and a former officer of gang robbery, without calling for their defence..

Judge Izralizam Sanusi ordered Muhamad Haffiz Mohd Radzi, 35, Mohd Fahmee Mohamad Nor, 43, and former officer Azwan Asli, 40, to be freed on Monday (Aug 4) after finding that the prosecution failed to establish a prima facie case against them.

In his judgment, he said the court took into account a police report lodged by the victim, who was the first prosecution witness (SP1), stating that the presence of three men at his house was related to an investigation into alleged money laundering offences.

“SP1 claimed he felt threatened because the three accused informed him that he could be detained if he failed to cooperate with the investigation.

“However, the court found that this did not amount to wrongful restraint, as the actions were carried out in the capacity of MACC officers,” he said.

Judge Izralizam said that based on the victim’s testimony, he did not feel afraid of the three accused during the incident, as he claimed he had not committed any offence.

“There is no evidence that the victim was threatened with a firearm by the three men, even though he alleged that one of them was carrying a firearm in his backpack,” said the judge, adding that the existence of the alleged firearm was not proven during the trial.

On Dec 13, 2023, the three accused were charged with jointly committing gang robbery against a man named Kun Gao, allegedly robbing him of cash, a silver suitcase, and a black Louis Vuitton bag.

The offence was said to have been committed at a condominium on Jalan Ampang at about noon on Dec 10, 2021.

The charge, framed under Section 395 of the Penal Code,  carries a maximum sentence of 20 years’ imprisonment and whipping upon conviction.

A total of 17 prosecution witnesses were called to testify throughout the trial, which began in November 2024. – Bernama