A former judge convicted of corruption was sent to prison today after the Court of Appeal reinstated his six-month jail term and the RM25,000 fine imposed by the Shah Alam sessions court.
A three-member panel chaired by Justice Nazlan Ghazali unanimously set aside the Shah Alam High Court’s decision to reduce Azmil Muntapha Abas’s prison sentence to just one day, and his fine to RM12,000.
Nazlan said that Azmil, a former sessions court judge, was convicted of a serious criminal offence and had committed the wrongdoing as a civil servant.
He added that the offence had, among others, eroded public trust in the judiciary and denied Malaysians their right to an efficient public service.
“After carefully reviewing the appeal records, we find that the trial judge had duly considered both the mitigating and aggravating factors before passing down the sentence.
“The trial judge’s decision was proportionate, fair, and just,” said Nazlan, who was joined on the bench by Justices Zaini Mazlan and Wan Farid Wan Salleh.
Azmil was taken to Kajang prison after proceedings to begin serving his sentence immediately.
Azmil was convicted in 2022 of receiving a RM5,000 bribe from a person whom he knew was connected with his official function, involving the court proceedings of six accused in criminal cases in 2018.
Azmil, who was the presiding judge at the Kuala Kubu Baru sessions court, slapped the six with only a fine after receiving the bribe.
He received the money on May 10, 2018 via a bank account at Maybank, Jalan Meru, Klang.
In January last year, the High Court reduced his jail sentence to one day and his fine to RM12,000, but rejected his appeal to set aside his conviction.
‘High Court wrong to hold witnesses as swaying the accused’
During proceedings today, deputy public prosecutor Farah Ezlin Yusop Khan said the trial judge had considered public interest and the gravity of the offence in meting out the sentence.
She argued that the reduced one-day jail term would fail to deter others or reflect the seriousness of the crime committed by a person of such a position.
She also contended that the High Court was mistaken in finding that the third and fourth prosecution witnesses played a major role in influencing Azmil into committing the crime.
The witnesses were a police inspector and Shah Alam High Court deputy registrar, at the time the offence was committed.
Farah contended that the former judge was well aware of his actions.
“The crucial part was that before (the deputy registrar) passed the money to the respondent, the latter did ask if he could pocket RM1,000 (from the proceeds),” she said, adding that they referred to the RM1,000 as “biji”.
“He said: ‘There are six ‘biji’, I shall take one ‘biji’.”
She added that, as a judge, Azmil was supposed to walk the talk and be a role model so that justice would not only be done, but be seen to be done.
Azmil’s counsel, former Court of Appeal judge Mohtarudin Baki, said the argument of public interest and upholding the judiciary’s integrity was only rhetoric since no action had been taken against the third and fourth prosecution witnesses.
“In fact, the latter was promoted to the Malaysian Anti-Corruption Commission as a deputy public prosecutor. I’m sorry to say this, but the submission of upholding the integrity of the government service is only rhetoric here,” he said.
He argued that the one-day prison sentence was not a mere slap on the wrist as Azmil’s career of 17 years had been destroyed and the RM12,000 fine was a high amount.
“The feeling of shame and regret, as well as losing his confidence, are already severe punishments,” he said.
