1st Prosecution under the new Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act) on 18.3.2021
Since Section 17A of the MACC Act came into force on 1.6.2020, the Malaysian Anti-Corruption Commission (MACC) had, on 18.3.2021, charged Pristine Offshore Sdn Bhd at the Sessions Court with offering a bribe amounting to RM321,350.00 to secure a sub-contract from Petronas Carigali Sdn Bhd. The said bribe was allegedly committed between 29.6.2020 and 14.10.2020 in Kinrara Niaga 3, Puchong.
This is the very first case under Section 17A.
If convicted, the company will be facing a fine of not less than 10 times the amount of the bribe or RM1,000,000.00 whichever is the higher, and/or maximum imprisonment of 20 years. The directors, controllers and management will be presumed to be guilty of the said offence unless proven otherwise.
Under Section 17A, the only defence available to the company is to prove that it had adopted “adequate procedures” within its organization, as written in our previous article “Implementation of S. 17A of MACC Act on 1.6.2020”.
All commercial organization ought to take immediate steps to implement “adequate procedures” in order to avail themselves to the statutory defence under Section 17A.
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