This article first appeared in The Edge Financial Daily on October 15, 2019

KUALA LUMPUR: The High Court yesterday ordered former federal territories minister Datuk Seri Tengku Adnan Tengku Mansor to enter his defence in his RM2 million graft trial.

Justice Mohamed Zaini Mazlan said the prosecution has proven a prima facie case against the ex-minister, notwithstanding his claim that the RM2 million was a donation supported by a receipt.

The judge said although Tan Sri Chai Kin Kong, the managing director of property developer Aset Kayamas Sdn Bhd, had produced the receipt, which was dated two days after the cheque was issued, the court had to scrutinise the mysterious circumstances of the cheque issuance, which was done without the knowledge of the prosecution or the Malaysian Anti-Corruption Commission (MACC) investigators.

Justice Mohamed Zaini said although the court accepted the receipt as evidence, it had to discount the evidence as the prosecution had shown that no payment was made from Tadmansori Holdings Sdn Bhd — in which Tengku Adnan has an interest — to Umno.

“I had analysed and considered the testimonies from Chai and MACC investigating officer Muhammad Saad Bordani. I therefore hold that the receipt is not an evidence that Umno had received the RM2 million from Aset Kayamas.

“It is proven that the accused owns Tadmansori, being the largest shareholder. Evidence also shows that the accused is the decision maker. He is the alter ego [of the company]. The prosecution has also managed to establish there were no payments made [from] Tadmansori to Umno and evidence shows Tadmansori has never had any dealings with Umno.

“The court is inclined to believe that the RM2 million benefitted the accused and that it was received without valuable consideration which therefore fulfils one of the elements in the prosecution case,” said Justice Mohamed Zaini.

The judge added that the prosecution also proved the other three elements related to the charge, namely that Tengku Adnan was a public servant, that Aset Kayamas has no business dealings with Tadmansori and that the accused knew Chai in connection with his function.

“Furthermore, Aset Kayamas has dealings with Kuala Lumpur City Hall in the sale and development of the KL land. This shows the accused is involved in the matter from its inception.

Testifying from the witness stand

Tengku Adnan, 68, is charged under Section 165 of the Penal Code which carries up to two years’ imprisonment or a fine or both upon conviction for receiving a RM2 million bribe as a public officer, namely the federal territories minister.

The former Umno and Barisan Nasional secretary-general is alleged to have received from Chai the RM2 million that was deposited into the CIMB Bank account of Tadmansori, in which he had an interest, when it was known that Aset Kayamas had connection with his official duties.

Following yesterday’s ruling, Tengku Adnan’s lawyers Datuk Tan Hock Chuan and Datuk SS Ruban told Justice Mohamed Zaini that their client will testify under oath from the witness stand, and that the defence has five other witnesses.

While Justice Mohamed Zaini wanted the proceedings to resume in December, Tan and Ruban could not accommodate the dates.

The court then fixed Jan 10-17 and 20-21 next year as hearing dates.

Justice Mohamed Zaini impressed on Tan and Ruban that he also wanted at least two or three days in December to start and hear the case, and the lawyers said they will inform the court later.