Ex-youth and sports officer denied fair trial, High Court hears

The High Court heard today that a former youth and sports ministry senior officer, Otman Arsahd, was denied a fair trial due to the sessions court judge's insufficient evaluation of the prosecution's evidence. Lawyer Rafique Rashid Ali argued that there was no clear indication in the grounds of judgment or notes of proceedings that sessions court judge Kamarudin Kamsun had thoroughly assessed the prosecution's entire case before finding a prima facie case against Otman.

Rafique claimed that Kamsun had relied on the earlier notes of evidence, court recordings, transcripts, and cross-examinations of witnesses whose evidence he had not personally heard. He questioned how Kamsun arrived at a prima facie finding without conducting a maximum evaluation of the entire evidence. While accepting the legality of the judge's replacement during the trial, Rafique emphasized that the failure to consider the core aspects of the case could constitute a misdirection and potentially lead to a miscarriage of justice.

Otman was sentenced to 15 years' imprisonment and fined RM284.2 million on July 6, 2023, after being found guilty of 32 corruption and 64 money laundering charges. His appeal against the conviction, 15-year sentence, and fine is currently ongoing.