KUALA LUMPUR (Oct 14): Former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor has today been ordered by the High Court here to enter his defence in his RM2 million graft trial.
Justice Mohamed Zaini Mazlan in his ruling said the prosecution had proven a prima facie case against Tengku Adnan, who is better known as Ku Nan.
This is despite the 68-year-old former Umno and Barisan Nasional secretary-general having claimed that it was a donation and a receipt was produced from the prosecution witness Tan Sri Chai Kin Kong, the managing director of property developer Aset Kayamas Sdn Bhd.
The judge said although Chai produced the receipt, which was dated two days after the cheque was issued by the witness, the mysterious circumstances in the cheque issuance, which was done without the knowledge of the prosecution or the Malaysian Anti-Corruption Commission (MACC) investigators, were something that the court had to scrutinise.
Justice Zaini said although the court accepted the receipt produced by Chai as evidence, it had to discount the evidence as the prosecution had shown that no payment was made from Tadmansori Holdings Sdn Bhd — which Ku Nan has an interest in — to Umno.
"I had analysed and considered the testimonies from Chai and the MACC investigating officer Muhammad Saad Bordani. I therefore hold that the receipt is not 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 Zaini.
The judge added that the prosecution also proved the other three elements related to the charge, namely that Ku Nan 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 the 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.
"After maximum evaluation of the evidence before this court, the court is satisfied that a prima facie case [has been established or the accused has a case to answer] under Section 165 of the Penal Code and the court orders the accused to enter his defence," the judge said.
Testifying from the witness stand
Ku Nan 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.
He 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.
Ku Nan allegedly received the payment at CIMB Bank Bhd, Pusat Bandar Damansara Branch here on June 14, 2016.
Following the court ruling, Ku Nan is to enter his defence, his lawyer Datuk Tan Hock Chuan and Datuk S S Ruban told Justice Zaini that the former minister will testify his evidence under oath from the witness stand.
Tan also told the court that the defence has five other witnesses who will testify in the trial.
While Justice Zaini wanted the proceeding to resume in December this year, Tan and Ruban could not accommodate the dates.
After a short break, the court fixed Jan 10-17, and 20-21 next year as hearing dates for the defence.
Justice 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.