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Justice Datuk Mohamed Apandi Ali said the court had no choice other than finding for the two men because all elements of deceit and deception which formed the essence of the charges broke apart due to exculpatory evidence by the victims.

Raja Izzuddin, 54, was alleged to have abetted Ibrahim in making Fong Seow Kai Chuan, 38, and Fong Nyok Lan, 69, contribute RM150,000 to them as a “palace fund” by telling the daughter that her mother would be nominated for the Dato’ Paduka Mahkota Perak (DPMP) award.

Alternatively, Raja Izzuddin was charged with cheating the two women of RM80,000 by telling them that he had a say in the conferment of state awards and that he had supported the nomination of Nyok Lan to be bestowed the award at Istana Seri Tambun, Tambun Height, Ipoh, between March 27 and April 2, 2003.

Ibrahim, 46, had faced two counts of cheating and one alternative charge for the second.

The offences were allegedly committed at Lot 7127, Jalan Pasar Sambungan, Teluk Intan between March 10 and 11, 2003 for the first charge, between March 11 and April 2, 2003 for the second and between March 11 and 29, 2003 for the alternative.

In 2006, the Teluk Intan Sessions Court acquitted and discharged both men of all charges without ordering them to enter their defence.

The prosecution’a appeal was heard before Apandi after two Ipoh High Court judges recused themselves on grounds of acquaintance with Raja Izzuddin.

Following Monday’s decision, the prosecution’s final avenue of appeal is to take the case up to the Court of Appeal.

In his judgement, Apandi said: “The exculpatory evidence in itself has and can free both respondents of all charges against them.”

He said among the exculpatory evidence by Kai Chuan was when she said “When YAM (Raja Izzuddin) accepted, YAM told my mother don’t you think with money can get DPMP. DPMP cannot be bought and sold.”

The second exculpatory evidence, said the judge, was Kai Chuan’s statement that if she felt cheated, she would not have paid the money and her other statement that she was not cheated.

Apandi said Nyok Lan also gave an exculpatory evidence when she said the contribution she made to the palace was a voluntary charity work with nothing in return.

He said the trial judge had thoroughly and correctly analysed the law with regard to all the issues raised, and the findings of facts by the trial judge were based on all evidence produced by the prosecution.

“In a cheating case, the accused does not need to prove any facts except and suffice to cast a reasonable doubt to the prosecution’s case,” he said.

Lawyer S. Selvam acted for Raja Izzuddin and Amrit Pal Singh for Ibrahim. The prosecution was represented by Deputy Public Prosecutor Datuk Azmi Ariffin.

Raja Izzuddin, who is the late Sultan Idris Shah’s son, was previously third in line to the Perak throne after Raja Muda Raja Dr Nazrin Shah and Raja Di Hilir Raja Jaafar Raja Muda Musa.

He was stripped of the title Raja Kechil Besar of Perak in 2006 after he was declared a bankrupt on March 27, 1990. Early this year, he failed to obtain leave for a judicial review in a bid to have him reinstated as Raja Kechil Besar of Perak.