KUALA LUMPUR (Nov 22): The second graft trial involving former federal territories minister Datuk Seri Tengku Adnan Tengku Mansor at the High Court, which was scheduled to start tomorrow, has now been deferred to Dec 7 to 10 and Dec 14 to 16 due to the Conditional Movement Control Order (CMCO).
This was confirmed by High Court deputy registrar Mahyuddin Mohmad Som and deputy public prosecutor Julia Ibrahim to theedgemarkets.com.
The ongoing CMCO is scheduled to end on Dec 6.
Tengku Adnan, 69, better known as Ku Nan, who is also Putrajaya member of Parliament, is accused of receiving a RM1 million bribe from property developer Datuk Tan Eng Boon.
Tan, who is also Joland Group of Companies chairman, initially claimed trial for bribing Tengku Adnan.
However, in September last year, he pleaded guilty to the alternative charge of abetting the politician in receiving the bribe, and was fined RM1.5 million by Justice Mohd Nazlan Mohd Ghazali.
Ku Nan allegedly received the sum as an inducement to approve the application of Nucleus Properties Sdn Bhd (now Paragon City Development Sdn Bhd) to increase its plot ratio in the development of Lot 228 in Jalan Semarak, Kuala Lumpur.
The offence, for which he is charged under the Malaysian Anti-Corruption Act, was allegedly committed at CIMB Bank, Putra World Trade Centre, second floor, Podium Block, Jalan Tun Ismail here on Dec 27, 2013.
He also faces an alternative charge in his capacity as the then federal territories minister with receiving for himself RM1 million from Tan via a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd, which was deposited into his CIMB account, knowing that Tan, as a director of Nucleus Properties, had connection with his official duties.
The charge is framed under Section 165 of the Penal Code, which provides imprisonment of up to two years, or with fine, or both, if found guilty.
As Justice Nazlan had decided to fine Tan after the businessman pleaded guilty to the alternative charge, Tengku Adnan applied to the High Court for Justice Nazlan to recuse himself from hearing the case on allegations of possible bias as he had decided on the fine. This was dismissed by the judge.
However, the Court of Appeal allowed the former minister's application for Justice Nazlan to recuse himself on grounds of possible bias. But after the prosecution appealed at the Federal Court, the apex court reversed the Court of Appeal's decision and directed Justice Nazlan to hear the case.
Following that, Justice Nazlan in July fixed the dates for the new trial, which was to begin tomorrow, and the other dates.
Besides this, Ku Nan would also know on Dec 21 whether the High Court finds him guilty or acquits him of his first RM2 million graft charge in his capacity as a civil servant.
He is alleged to have received the amount from businessman Tan Sri Chai Kin Kong, who is Aset Kayamas Sdn Bhd director, via a Hong Leong Islamic Bank cheque from the company, which was deposited into a CIMB account owned by Tadmansori Holdings Sdn Bhd (THSB), when it was known that Aset Kayamas had connection with his official duties.
Ku Nan is the largest shareholder of THSB.
He is accused of committing the offence at the CIMB Bank branch in Pusat Bandar Damansara here on June 14, 2016. He is charged under Section 165 of the Penal Code, which provides for a jail term of up to two years, or a fine, or both upon conviction.