Court dismisses Ku Nan’s appeal to set aside order to surrender passport

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PUTRAJAYA (May 30): Former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor, who is facing two charges or receiving bribes totalling RM3 million, has failed to set aside the order for him to surrender his passport to the court.

This follows a unanimous decision by the three-man bench of the Court of Appeal today to dismiss Tengku Adnan’s appeal against the decision by Kuala Lumpur High Court judge, Mohd Nazlan Mohd Ghazali, on Jan 28, this year.

Justice Datuk Umi Kalthum Abdul Majid, who lead the bench, said the panel was not persuaded that the High Court judge had wrongly exercised his discretion in rejecting Tengku Adnan’s application not to surrender his passport.

“The (High Court) judge had considered all relevant factors in exercising his discretion judiciously,” she said while delivering the decision.

The other judges on the bench were Datuk Harmindar Singh Dhaliwal and Datuk Lau Bee Lan.

The Putrajaya Member of Parliament, who was present in court, was appealing against the High Court ruling to dismiss his application to set aside the order for him to surrender his passport to the court by increasing the bail amount.

Justice Mohd Nazlan upheld the decision of the Kuala Lumpur Sessions Court (the case was later transferred to High Court) in imposing bail of RM500,000 on Tengku Adnan, 69, and for him to surrender his passport to the court pending the disposal of his case.

In his application, Tengku Adnan also proposed for his bail to be increased from RM500,000 to RM1 million and that he was also prepared to report himself at the Malaysian Anti-Corruption Commission (MACC) office every month, if needed.

Earlier, Tengku Adnan’s counsel Datuk Tan Hock Chuan submitted that High Court judge in his judgment inferred that his client was a flight risk.

“The High Court judge is wrong, my client has no intention to flee as he wants to clear his name from the system. He has also obtained his passport temporarily twice and had returned it to the court. This shows that my client is not a flight risk,” he said.

Deputy public prosecutor Julia Ibrahim replied that the surrender of the passport was an important condition so that the trial goes on without any delay.

She said Tan was not able to show that High Court judge had wrongly exercised his discretion in delivering his judgment as the appellant could apply for his passport to be returned temporarily from time to time.

“I also submitted that the documents showing the dates of his meetings in Indonesia and his daughter’s school registration in Australia had been given in advance. So, no reason for the accused not to make the application earlier,” she said.      

Last Nov 15, Tengku Adnan pleaded not guilty to a charge of receiving gratification of RM1 million for himself from a businessman, Tan Eng Boon, through a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd that was deposited into a CIMB Bank account belonging to him (Tengku Adnan) to obtain approval for an application by Nucleus Properties Sdn Bhd (now known as Paragon City Development Sdn Bhd) to raise the plot ratio of the site with development at Lot 228, Jalan Semarak, Kuala Lumpur, on Dec 27, 2013.

He also faces an alternative charge where, in his capacity as the then Minister of Federal Territories, he is alleged to have received for himself RM1 million without consideration from Tan through a Public Bank cheque belonging to  Pekan Nenas Industries Sdn Bhd which was deposited into his account, despite knowing that Tan, who is a director at Nucleus Properties Sdn Bhd (now known as Paragon City Development Sdn Bhd), was concerned with his official function.

On Dec 12, he was also charged as a public servant in his capacity as the then Federal Territories Minister with receiving valuables, without consideration, amounting to RM2 million from one Chai Kin Kong, through a Hong Leong Islamic Bank cheque belonging to Aset Kayamas Sdn Bhd, which was deposited into a CIMB account belonging to Tadmansori Holding Sdn Bhd in which he (Tengku Adnan) had an interest and which he knew had connection with his official function, on June 14, 2016.