Ex-senior cop’s money laundering conviction overturned

December 13, 2023

Ex-senior cop’s money laundering conviction overturned

PUTRAJAYA: A former senior police officer was freed from prison today after the Court of Appeal took the unusual step of reviewing its own decision to acquit him from seven counts of money laundering.

A three-member Court of Appeal bench chaired by Justice Vazeer Alam Mydin Meera today set aside Ismail Syed Merah’s conviction on grounds that the prosecution had failed to prove its case beyond reasonable doubt.

The court also set aside his 10-year jail term and a RM42 million fine imposed by the previous appeals court panel.

In 2019, Ismail was acquitted by the Johor Bahru sessions court of charges of money laundering a total of RM3.35 million four years earlier.

However, in 2020, the Johor Bahru High Court allowed the prosecution’s appeal, convicted him of all seven charges and sentenced him to four years in jail.

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Last year, a three-member bench of the Court of Appeal dismissed Ismail’s appeal against his conviction and sentence, ruling that the prosecution only needed to prove the element of unlawful activities on a “balance of probabilities”.
That bench also allowed the prosecution’s cross-appeal to enhance Ismail’s jail sentence to 10 years and impose a RM42 million fine.

On Dec 2, 2022, the Court of Appeal, in a rare exception, and exercising its inherent powers to prevent an injustice, allowed Ismail’s application for leave to review his conviction.

Today, the appeals court unanimously set aside its previous ruling, and declared that the sessions court was correct to acquit Ismail.

“We also set aside the High Court order and reinstate the sessions court’s ruling,” said Vazeer, who sat with Justices Ahmad Zaidi Ibrahim and Azmi Ariffin.

However, the bench ordered that the RM3.35 million seized be forfeited to the government as proceeds from illegal activities under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Vazeer, however, said the forfeiture is subject to Section 55 of the anti-money laundering law which allows bona fide third parties to file claims for the money in the sessions court.

Ismail’s lawyer Wan Azmir Wan Majid said his client, who retired as a deputy superintendent in May, will be entitled to his pension, backdated salary and allowances.

Counsel Abu Bakar Isa Ramat also appeared for Ismail.

Deputy public prosecutors Dusuki Mokhtar and Fairuz Johari appeared for the prosecution in today’s proceedings.