KUALA LUMPUR: Former health ministry Nursing Department director S Tselvin was cleared of abuse of power when the prosecution decided to discontinue the case today.
The High Court struck out the prosecution’s appeal against the decision of a lower court to acquit Tselvin, 61, who retired in the middle of the trial.
Deputy public prosecutor Mohd Heikal Ismail told judge Collin Lawrence Sequerah that they had decided not to carry on with the appeal.
Tselvin, who was represented by S Devanandan, was present in court with family members.
“She will now be entitled to her gratuity and pension as the case has come to an end,” Devanandan told FMT.
On March 9 last year, Sessions Court judge Azura Alwi acquitted Tselvin of an abuse of power charge in awarding a project worth RM12,300 to her son’s information technology company five years ago.
Azura had said the defence had succeeded in raising a reasonable doubt in the prosecution’s case.
She said the court found Tselvin’s testimony to be consistent and not a mere denial or an afterthought.
It was also found that the accused did not have any interest in Fort Mark although the company belonged to her son, she said.
Tselvin was charged with selecting Fort Mark Sdn Bhd, a company run by her son R Pravin, to carry out a RM12,300 nursing portal upgrading project for the department.
She was charged with committing the offence at the health ministry’s nursing division in Putrajaya between Oct 13 and 15, 2014.
The offence is punishable under Section 24 of the Malaysian Anti-Corruption Act, which provides for a maximum jail term of 20 years, a fine of not less than five times the amount involved or RM10,000, whichever is higher, upon conviction.
The prosecution brought 21 witnesses while Tselvin took the stand alone when her defence was called.