Evidence Law 1

Gan, a police officer and Sunde, a Magistrate, were charged for accepting a total of RM1.6 million graft from Chok, an offence under Section 16(b)(B) of the Malaysian Anti-Corruption Commission Act 2009 as a favour to sweep a drug-related case of one Victor, under the carpet.

On 29 March 2019, Chok claimed that he met Gan at the PJ Bypass to deliver the cash of RM800,000 to Gan to settle Victor's case who is being investigated under Section 39B of the Dangerous Drugs Act 1952. A few days later, Chok was contacted by Gan again seeking further payment of RM400,000. He said that his partner, Sunde, who is a Magistrate handling this case, required an extra input due to the complexity of this case. Hence, on 5 April 2019, Chok met Gan at the BHP petrol station off Jalan Mawar in Ampang to deliver the RM400,000.

Chok claimed that Victor was still in the police custody despite payment of RM1.2 million to Gan. Hence, on 29 April 2019, he met Officer Nid, a Malaysian Anti-Corruption Commission

officer at the MACC Headquarters in Kuala Lumpur to file a complaint against Gan and Sunde.

Trap was made and Chok was instructed to make a phone call to Gan to offer another RM400,000 to Gan to secure the release of Victor. Chok insisted that he delivered the cash to Sunde personally to ensure the release of Victor. The conversation of Chok and Gan was recorded, and a meeting was set on 5 May 2019 for the money to be delivered.

Officer Nid prepared the marked cash of RM400,000. The meeting was set at 12.45 noon on 5 May 2019 at a room at the Palace Reflexology in Jalan Changkat. Both Gan and Sunde were caught while leaving the place. The bag contained the cash was seized from Gan.

Both Gan and Sunde were brought to the MACC Headquarters around 2 pm and were interrogated separately.

Sunde was interrogated by Officer Tin. Sunde denied any involvement in the case. The meeting at the Palace Reflexology was purely coincidence as he goes there every week for treatment.

Gan in the meantime was interrogated by Officer Kim. Gan was sent to the lock up after 5 hours of continuous interrogation where he stubbornly remained silent.

Both Gan and Sunde were brought before Magistrate Ali at 10 am the next day. Gan proceeded to make a confession before Magistrate Ali. Gan admitted that he took the money from Chok to secure Victor's release. He however claimed that it was Sunde that persuaded him to negotiate with Victor's representative and the money be shared equally among them.

Further investigation was made and Tex, the manager of CIMB Bank confirmed that a total of

RM300,000 was deposited into Sunde's personal account on two transactions i.e. on 29 and 30 March 2019 by Gan. Tex is producing Sunde's accounts statement reflecting both transactions.

The prosecutor also wished to call one Tony who claimed that Gan had approached him with a proposal to settle his case, which was mentioned in Sunde's court provided that he paid an upfront of RM20,000. Tony instead settled for 3 months jail when he was unable to pay Gan and Sunde an additional RM30,000 later requested by them.

Consider the relevancy and admissibility of the evidence in this case.