IPOH – Two state assemblymen, formerly of the PKR, were acquitted of corruption charges without their defence being called by the Ipoh Sessions Court.
Three others who faced similar charges were also acquited by the court on Friday.
Judge Azhaniz Azman Teh ruled that the prosecution had failed to prove a prima facie case and ordered the five to be released immediately.
In the dock were state assemblymen Capt (Rtd) Mohd Osman Mohd Jailu (Changkat Jering) and Jamaluddin Mohd Radz (Behrang).
The others are former Perak Tengah district councillors Usaili Alias and Zul Hassan and contractor Fairul Azrim Ismail.
The five were charged with a total of 16 counts of corruption connected to a RM180mil development project at Seri Iskandar, near here.
While Zul and Fairul were charged with accepting sexual favours, the others were accused of accepting money
Another accused, Perak State Development Corporation technician Ruslan Sahat has since passed away. The charges against him were dropped last August.
Jamaluddin, 53, and Mohd Osman, 58, along with Jelapang state assemblyman and deputy Perak assembly Speaker Hee Yit Foong of the DAP, were blamed for the fall of the Pakatan Rakyat government in Perak after the three quit their parties in February last year to become Barisan Nasional-friendly Independents.
No grounds for ruling
The court took just a few minutes to deliver its findings on the two state assemblymen and the other three accused. No grounds were given for the decision.
The prosecution has 14 days to appeal.
Azhaniz said the Malaysian Anti-Corruption Commission (MACC) had failed to prove a prima facie case againstthe five.
"As such, I am acquitting all of you without your defence being called and the bail money shall be returned to your respective bailers," he told the court, which was packed with supporters and relatives of all the accused.
Jamaluddin (right) and Mohd Osman give the thumbs up sign outside the court that freed them on Friday.Met by reporters outside the court, the five accused expressed their relief for the decision.
Osman thanked his supporters for standing by him since the trial started.
"The matter has dragged on long enough," he said.
Jamaluddin said he had expected the results.
"I believe in the country's judiciary system and my case had proven the system will not victimise the innocent," he said.
MACC will appeal
Usaili, said justice had been served. Speaking in a voice choked with emotions, Usaili had this piece of advice:
"Be careful with the friends you keep in the political circle."
MACC deputy public prosecutor Mohd Shahrullah Khan Nawab Zadah Khan said the prosecution would appeal against the decision.
Mohd Osman and Jamaluddin were represented by Abdul Roni Abdul Rahman; Usaili by Surjan Singh; Zul by M Saravanan and Fairul Azrim by Mohd Asri Othman.
A total of 30 witnesses were called during the trial, which began on Oct 12 last year.
During the hearing, it was revealed that the MACC had procured the services of an agent provocateur and women to offer sexual services.
Clips allegedly showing one of the accused having sex with a woman was also shown in open court during the trial.
Malaysian Mirror
23/04/10
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