PUTRAJAYA, March 29 — The Court of Appeal today dismissed an appeal by the prosecution and upheld the acquittal on a former member of parliament and his assistant charged with eight counts of making false claims amounting to RM80,000 related to a people’s programme.

Justice Datuk Mohd Zawawi Salleh who sat with Datuk Kamardin Hashim and Datuk Rhodzariah Bujang made the unanimous decision in favour of ex-Sabak Bernam MP Datuk Abdul Rahman Bakri and Rosli Busro.

They held that certain elements in the charges had raised reasonable doubts on who was the principal and whether the respondents had intended to commit the offences.

Mohd Zawawi said the court concurred with the High Court judge that there was an element of carelessness in the case but no deception.

"I wish to remind parties to be mindful when making their claims. This appeal is dismissed. You are discharged and acquitted,” he told Abdul Rahman, 53, and Rosli, 50, who were standing outside the dock.

At this, the two men hugged each other and were visibly moved to tears as were their family members who were present. Abdul Rahman, when asked about the decision, said "Syukur Alhamdulillah”.

Abdul Rahman and Rosli were each sentenced to six years imprisonment and fined RM400,000 by the Shah Alam Sessions Court on February 29, 2012 after being found guilty of the eight charges.

On October 11, 2012, Shah Alam High Court judge Datuk Akhtar Tahir upheld the Sessions Court's decision after dismissing Abdul Rahman and Rosli’s appeal. They subsequently appealed to the Court of Appeal.

However, the Court of Appeal on March 29, 2016, ordered the case to be remitted to the High Court. On May 27, 2016, Shah Alam High Court Judge Datuk Ghazali Cha set aside the sentence and acquitted them of the charges after allowing their appeal against conviction and sentence.

The prosecution appealed to the Court of Appeal against the acquittal which today upheld the decision. Deputy public prosecutor Tengku Intan Suraya Tengku Ismail appeared for the prosecution while the two men were represented by lawyer Tan Sri Muhammad Shafee Abdullah.

Abdul Rahman was accused of using false allocation documents to make eight false claims for RM10,000 each, for activities that did not take place.

The claims were for the purchase of prizes, souvenirs and organising receptions for motivational programmes for students within the Sungai Air Tawar state constituency, people-friendly programmes and Family Day, forums and Prophet Muhammad’s birthday celebration in his constituency.

He was charged with committing the offences at the Sabak Bernam District Office between January 21 and February 12, 2008.

For each count, he was charged under Section 11(c) of the Anti-Corruption Act 1997 and punishable under Section 16 of the same Act, which carries a maximum jail term of 20 years and a fine of not less than five times the sum or value, or RM10,000, whichever is higher, upon conviction.

Rosli was found guilty of abetting Abdul Rahman in committing the offences. — Bernama