The Court of Appeal has upheld a five-year prison sentence for a former police officer who extorted a man by threatening to leak intimate videos to religious authorities.
The Court of Appeal has officially mandated that a former police corporal begin serving a five-year prison sentence following the dismissal of his final attempt to overturn a conviction for blackmail.
The defendant, identified as Mohd Aman Mustapa, had been embroiled in a legal battle after he used his position of authority to extort money from a citizen. The court's decision was unanimous, with a three-member bench led by Datuk Azman Abdullah ruling that the previous High Court decision was sound and should be upheld.
This legal saga reached its conclusion today, with the court issuing an immediate warrant for the appellant's arrest to ensure that the sentence begins without further delay. The former officer had previously enjoyed a stay of execution while his appeal was being considered, but that grace period has now ended. The roots of this criminal case date back to June 2020, during the period of the Movement Control Order in Malaysia.
At that time, the defendant detained a man and his fiancée. In a grave abuse of his professional duties, the corporal seized the victim's mobile phone without following any legal procedures. Upon discovering intimate videos of the couple on the device, Mohd Aman decided to leverage this sensitive information for personal financial gain.
He threatened the victim, stating that he would report the couple to religious authorities and expose the embarrassing footage to their respective families unless a payment was made. The extortion took place in the early hours of the morning at the Selama police headquarters in Perak. The initial demand was for 300 Malaysian Ringgit, but the evidence revealed a more sinister long-term plan.
The former officer attempted to negotiate a monthly payment scheme where the victim would pay 300 Ringgit every month for three years, amounting to a total sum of 10,800 Ringgit. The phone was only returned to the victim after the initial payment was secured. During the appellate proceedings, Datuk Noorin Badaruddin emphasized the severity of the crime, noting that the actions of the former corporal were entirely inconsistent with the code of conduct expected of a police officer.
The court found that the evidence provided by the victim was credible and sufficient to prove that the defendant deliberately used fear and intimidation to coerce the victim. The judge highlighted that the crime of extortion under Section 385 of the Penal Code is not a minor technicality but a serious offense involving the intentional frightening of another person.
By utilizing his official status to commit a crime, the defendant did more than just rob an individual; he committed a betrayal of the public trust. The court remarked that such behavior undermines the entire foundation of law enforcement institutions, as the public must be able to trust that those tasked with protecting them will not use their power for predatory purposes.
Furthermore, the court addressed the adequacy of the sentencing. Initially, the Taiping Sessions Court had handed down a three-year prison term.
However, the High Court later increased this to five years, a decision that the Court of Appeal has now affirmed. The judges argued that a three-year sentence was insufficient given the gravity of the abuse of power and the calculated nature of the extortion plot. They noted that the defendant did not merely ask for a one-time payment but sought to maintain a cycle of pressure and control over the victim for several years.
This indicated a predatory mindset and a desire for ongoing financial exploitation. The court stated that if punishments for such abuses of power are too lenient, it sends a dangerous message to society that law enforcement officers can violate the law with minimal consequences. In its final analysis, the court noted that while the appellant had served ten years as a police officer and was a first-time offender, these factors did not outweigh the nature of his crime.
Most significantly, the court observed that the former corporal showed no genuine remorse for his actions. Throughout the trial, he continued to shift the blame onto the victim rather than taking responsibility for his own criminal conduct.
Consequently, the three-member bench concluded that the conviction was safe, supported by overwhelming evidence, and proven beyond a reasonable doubt. The ruling ensures that the former officer faces the full weight of the law for his actions, reinforcing the principle that no one, regardless of their rank or former position, is above the law
Police Misconduct Blackmail Court Of Appeal Extortion Malaysia
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