Thursday 28 Mar 2024
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(This report has been updated to indicate that the documents were handed over to the defence, and not as reported earlier.)  

SHAH ALAM (Aug 4): The defence in the graft trial involving Pristine Offshore Sdn Bhd, the first company charged under Malaysia’s newly introduced corporate liability law, today received the documents that the prosecution intends to use in the case.  

The documents were handed over to the defence, as required under the Criminal Procedure Code, when the case was called up before judge Rozilah Salleh at the Sessions Court here.

Rozilah then fixed Oct 11 for case management during which the hearing date is expected to be set, Deputy Public Prosecutor Datuk Faridz Gohim told The Edge.

Pristine Offshore was charged on March 18 under Section 17A of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which came into effect on June 1, 2020.

It was accused of offering a bribe of RM321,350 to ensure that it was awarded a subcontract from Petronas Carigali Sdn Bhd. The offence was allegedly committed between June 29 and Oct 14 last year in Kinrara Niaga 3, Puchong.

The subcontract involved the provision of a workboat, master and crew and other associated marine services and offshore support related to the workboat, together with other marine support spread for maintenance, construction and modification services for Petronas Carigali.

The introduction of Section 17A enables the MACC to impose corporate liability on commercial organisations, including public and private limited companies, whose employees or associated persons are involved in corrupt practices or dishonest commercial misconduct.

Pristine Offshore, through its director Datuk Abdul Kamal Mohd Mydeen, had claimed trial to the charge

Also pleading not guilty was the company's former director Chew Ben Ben, who had been charged with bribery under Section 16(b)(A) of the MACC Act.

Chew was accused of bribing Mazrin Ramli, the chief operating officer of Deleum Primera Sdn Bhd, as a reward to ensure Pristine Offshore was awarded the subcontract.

Mazrin is one of four senior executives of Deleum Primera (a 60%-owned unit of public-listed company Deleum Bhd) who are facing a RM19.88 million civil suit over an alleged scheme to defraud the company.

Also sued by Deleum Primera were two Petronas Carigali tender evaluation committee members, and three of its subcontractor companies for the purported breach of fiduciary duty.

For the graft charge under the MACC Act, Pristine Offshore is staring at a fine of no less than 10 times the amount of the bribe or a prison sentence of not more than 20 years, if convicted. According to the Companies Act 2016, any officers of the company, including directors and the company secretary, are liable to serve the prison sentence on behalf of the company.

As for Chew, he may be imprisoned for no longer than 20 years, and fined no less than five times the amount of the bribe, if found guilty.

Edited ByS Kanagaraju
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