KUALA LUMPUR: The RM1 million corruption case of Tengku Adnan Tengku Mansor, scheduled to run for two days, failed to begin today as the former minister filed a motion to recuse the trial judge.
Lawyer Tan Hock Chuan said his client had filed the action as judge Mohd Nazlan Mohd Ghazali could be biased.
In his affidavit in support of the application, Tengku Adnan, popularly known as Ku Nan, said he would not receive a fair trial as Nazlan knew the facts of his case after having sentenced businessman Tan Eng Boon who pleaded guilty to abetment on Tuesday.
He said the media had also reported that Eng Boon would be one of the prosecution witnesses in his trial.
“Justice must not only be done, but must also be seen to be done,” he said, adding that Nazlan could be influenced by the facts in Eng Boon’s case.
Nazlan ordered deputy public prosecutor Julia Ibrahim to file an affidavit in reply to the accused’s application by 3pm today.
The judge will hear the recusal application tomorrow.
Nazlan fined Eng Boon RM1.5 million for abetting in a RM1 million bribe to Ku Nan over land deals involving the Kuala Lumpur City Hall.
Eng Boon, 70, pleaded guilty to an amended charge under Section 165 of the Penal Code which carries a two-year jail term, a fine or both upon conviction.
In imposing the sentence, Nazlan said he had also taken into consideration that Eng Boon had abetted another person in committing the crime in which both were jointly charged.
Eng Boon, the director of a property and development company, was accused of giving Ku Nan RM1 million in bribes through a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd.
The cheque was deposited into a CIMB Bank account owned by Ku Nan.
The Putrajaya MP meanwhile was charged with receiving the RM1 million payment from Eng Boon to approve an application by Nucleus Properties Sdn Bhd (now known as Paragon City Development Sdn Bhd) to increase the industrial plot ratio of a piece of land on Jalan Semarak.
The offence was allegedly committed at the Putra World Trade Centre CIMB bank branch on Dec 27, 2013.
Ku Nan was charged under Section 24(1) of the Malaysian Anti-Corruption Commission Act. If convicted, he could be jailed up to 20 years and fined five times the gratification amount.
20 September 2019
Tengku Adnan corruption trial to proceed today after judge dismisses recusal bid
KUALA LUMPUR, Sept 20 ― Umno veteran Datuk Seri Tengku Adnan Tengku Mansor’s RM1 million bribery trial is set to finally start at the High Court here today.
High Court judge Mohd Nazlan Mohd Ghazali threw out an application to recuse himself filed by the defence yesterday, ruling that there was no credible evidence to show the former Federal Territories minister would not receive a fair trial.
“The circumstances of this case and the basis of the application, the assertion of the applicant that I may be influenced by the facts of the case or by the guilty plea of Datuk Tan Eng Boon or of the sentence against him to the detriment of the applicant is not sustainable,” the judge said.
He also ordered trial to begin immediately after dismissing a application by lead defence counsel Datuk Tan Hock Chuan who wanted a stay pending an appeal.
Eng Boon, a local businessman who was accused of corruption alongside Tengku Adnan, had accepted a plea bargain and pled guilty to an alternative charge of abetment in soliciting a bribe and was fined RM1.5 million in place of one year in prison. He also agreed to turn prosecution witness against Tengku Adnan.
In a surprising turn of events, businessperson Tan Boon Eng, who was charged with giving a bribe of RM1 million to former minister Tengku Adnan Tengku Mansor, has pleaded guilty to an alternative charge today.
The process was done in camera, where the media were not allowed to cover the court proceeding earlier today.
The Kuala Lumpur High Court fined Tan RM1.5 million after he pleaded guilty to the alternative charge under Section 165 of Penal Code for abetting Tengku Adnan in committing the offence.
Justice Mohd Nazlan Mohd Ghazali said Tan will be sentenced to one year in prison if he fails to pay by tomorrow.
Meanwhile, deputy public prosecutor Julia Ibrahim said Tan will be made one of the witnesses in the corruption trial against the former federal territories minister.
In November last year, Tan was charged under Section 16(b)(A) of the Malaysian Anti-Corruption Act 2009 with bribing Tengku Adnan via a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd, which was deposited into the former minister’s CIMB account.
The alleged payment, made on Dec 27, 2013, was for Tengku Adnan, who is widely referred to as Ku Nan, for giving approval to the company’s application to increase the plot ratio for land on Jalan Semarak, Kuala Lumpur.
Tan also faces an alternative charge under Section 165 of Penal Code for abetting Tengku Adnan in committing the offence, and punishable under Section of 109 of Penal Code.
Judge Mohd Nazlan Mohd Ghazali fixed Aug 20 for case management to finalise the joint trial date.
KUALA LUMPUR: The High Court here has allowed the prosecution’s application for a joint trial of former federal territories minister Tengku Adnan Tengku Mansor and businessman Tan Eng Boon over a RM1 million bribe related to land deals involving the Kuala Lumpur City Hall.
Judge Mohd Nazlan Mohd Ghazali said the trial could be consolidated as the date, time and monetary transactions were identical.
“The difference is that one is charged with giving bribes while the other is charged with accepting them,” he said.
He said the prosecution had also proven the exceptions for the joint trial under Section 170 of the Criminal Procedure Code.
He also noted that the list of documents given to the duo’s lawyers by the prosecution before the start of trial would be similar.
“There is a likelihood of the prosecution calling the same witnesses for both cases,” he added.
Nazlan also said Tan’s lawyer had not produced sufficient evidence to prove that his client would be seriously prejudiced if defence is called.
Tan’s lawyer, Faisal Moideen, submitted last week that as a co-accused, Tengku Adnan could not be compelled to give evidence or be cross-examined if he elects to remain silent.
Tan, the director of a property and development company, pleaded not guilty on Nov 15 last year to giving RM1 million in bribes to Tengku Adnan via a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd.
The cheque was deposited into a CIMB Bank account owned by Tengku Adnan.
Tan was charged with making the payment to Tengku Adnan for the approval of an application by Nucleus Properties Sdn Bhd (now known as Paragon City Development Sdn Bhd) to increase the industrial plot ratio of a piece of land at Jalan Semarak.
Tengku Adnan, who is Putrajaya MP, is charged with receiving the RM1 million from Tan.
The offence was allegedly committed at the Putra World Trade Centre CIMB bank branch here on Dec 27, 2013.
Nazlan fixed Aug 20 for case management to finalise the joint trial date.
The court had earlier fixed Tengku Adnan’s trial on Sept 3, 4, 5 10, 11 and 12 while Tan’s was fixed on Sept 18, 19 and 20.