Chan’s lawyer RSN Rayer told FMT that High Court judge Fathiyah Idris said she found no reason to interfere with the sessions court’s decision to acquit his client without calling for his defence.

Rayer said the court agreed that the sessions court had properly evaluated the evidence and correctly found that the prosecution had failed to establish a prima facie case.

He said a key issue was the defence’s alibi notices for the dates stated in the charges.

According to Rayer, the defence notified the prosecution early in the trial that Chan was not physically present at the places and times where he was alleged to have asked for and received the money.

He said the defence had named six alibi witnesses, but the prosecution did not call the investigating officer to verify the alibi.

Chan, who claimed trial in 2020, was accused of soliciting US$150,000 between March 30 and 31, 2019, at the Vangohh Eminent Hotel in Machang Bubok, and receiving RM615,000 on April 1, 2019, at the office of Global Tobacco Manufactures Sdn Bhd.

The prosecution alleged that the money was meant to help settle a case involving another person under the Security Offences (Special Measures) Act 2012, or Sosma.

He faced two charges under Section 16(a)(A) of the MACC Act 2009.

On Dec 18, 2024, the sessions court acquitted Chan at the close of the prosecution’s case after finding that the prosecution had failed to establish a prima facie case.

At the time, Rayer said Chan was not at the locations stated in the charges, and that the defence had submitted alibi notices showing Chan was in Kedah performing family rites on one of the dates and at MNQ Builders in Bayan Lepas on the other.

In acquitting Chan, sessions court judge Azhari Hamid ruled that the prosecution had not provided sufficient evidence to call him to enter his defence. The prosecution then appealed Chan’s acquittal.

Deputy public prosecutor Nurnajihatul Idaho Azuyar prosecuted, while Thandayuthabany Pillay and David Tan also appeared for the appellant.