JUDGMENT

[1] This is an appeal by the prosecution against the decision of the Court of Appeal reversing the High Court trial judge's decision dismissing the respondent, Tengku Adnan's application to recuse him from adjudicating in the criminal trial.

Factual Background

[2] The factual background is that the respondent was charged under s 16(a)(A) of the Malaysian Anti-Corruption Commission Act 2009 ('Act') for accepting a bribe of RM1 million from Tan Eng Boon ('Tan'). An alternative charge under s 165 of the Penal Code was also preferred against him. Tan was charged under s 16(b)(A) of the Act for giving the bribe, as well as an alternative charge under s 109 of the Penal Code.

[3] The prosecution applied for a joint trial of the cases against the respondent and Tan. This was granted.