KUANTAN: A former Temerloh police chief was sentenced to eight months in jail today after being found guilty of 46 counts of accepting bribes totalling RM69,600 between 2019 and 2023.
Sessions Court judge Sazlina Safie said the defence had failed to raise reasonable doubt over the prosecution's case against Mohd Azhar Mohd Yusoff, 56.
"The defence failed to provide a satisfactory and decent explanation. The prosecution successfully proved all the elements of the offences under Section 165 of the Penal Code in respect of all 46 charges.
"The accused is therefore found guilty and convicted on all charges. He is sentenced to eight months' imprisonment from the date of conviction, with all sentences to run concurrently," she said in her ruling.
The court granted Azhar a stay of execution pending appeal following an application by his counsel, Datuk M. Athimulan. He was ordered to provide an additional RM5,000 in bail, bringing the total to RM30,000.
Azhar, dressed in a pink shirt and grey blazer, appeared calm as the sentence was handed down.
He had pleaded not guilty on Sept 7, 2023, to 46 counts of accepting cash through online transfers into his bank account between March 2019 and January 2023.
On June 29 this year, the court ordered him to enter his defence after finding that the prosecution had established a prima facie case against him.
Section 165 of the Penal Code provides for a maximum jail term of two years, a fine, or both, upon conviction.
Malaysian Anti-Corruption Commission deputy public prosecutors Mohd Radzi Shah Abd Razak and Ifa Sirhu Samsudin prosecuted, while Azhar was also represented by Datuk Bob Arumugam.
During mitigation, Athimulan urged the court to impose a fine instead of a jail term, arguing that the conviction had already brought serious consequences for his client.
"He faces dismissal from the police force, the loss of his pension and other benefits accumulated over 33 years of service, as well as damage to his reputation and social standing.
"As a civil servant and police officer, he stands to lose everything," he said.
Athimulan said the amount involved was not in the millions and that evidence showed the money had been used for corporate social responsibility programmes and community activities in Temerloh.
He argued that a suitable fine would serve as an effective deterrent to both Azhar and the public without the need for imprisonment.
However, Radzi Shah urged the court to impose a heavy sentence, including imprisonment and the maximum fine, citing the seriousness of the offences and Azhar's position as a senior police officer.
"The accused, who was then the Temerloh police chief, held a high-ranking position in the police hierarchy and abused his authority for personal gain.
"The offences involved 46 charges committed over almost four years. His conduct had serious implications for the reputation of the police in the eyes of the public, warranting a deterrent sentence," he said.
After the sentence was delivered, Athimulan applied for a stay of execution, saying he would file an appeal this week.
Ifa Sirhu objected, arguing that the seriousness of the offences did not constitute special circumstances warranting a stay.
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