KUALA LUMPUR (March 15): The High Court will decide this Wednesday on an application by the prosecution to transfer from the Sessions Court to the High Court the case of a businessman charged with giving bribe of RM1 million to former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor.
Judge Mohamed Zaini Mazlan fixed the date today after hearing submissions by deputy public prosecutor Lailawati Ali and lawyer Faisal Moideen, representing businessman Datuk Tan Eng Boon, 70.
Earlier, Lailawati informed the court that the prosecution had filed a notice of application to transfer the case under Section 417 of the Criminal Procedure Code.
He said the prosecution would also apply for the case facing the businessman to be tried together with the case facing Tengku Adnan as they involved the same issue.
"Both the cases involved the same transaction and witness,” she said and also informed the court that Tengku Adnan’s case had been transferred to the High Court before judge Mohd Nazlan Mohd Ghazali.
However, Faisal objected to the prosecution’s application to transfer his client’s case to the High Court.
“Prior to this, the prosecution had submitted the same application, but withdrew it with no reason given, and at that time, we had filed the affidavit-in reply (on the prosecution’s application to transfer the case).
“If the prosecution wants both the cases to be tried together, they (Tan and Tengku Adnan) should be charged together in the same court and not charged separately in different courts,” he added.
Last Jan 22, the prosecution withdrew its application to transfer the case against Tan from the Sessions Court to the High Court.
On Nov 15 last year, Tan, who is also the director of a property development company pleaded not guilty to allegedly giving a bribe as benefits to Tengku Adnan, 68, by depositing a RM1 million Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd into Tengku Adnan's CIMB Bank account.
Tan was charged with giving the bribe as a reward for Tengku Adnan’s approval of Nucleus Properties Sdn Bhd (now known as Paragon City Development Sdn Bhd) to increase the plot ratio relating to the development of Lot 228, Jalan Semarak, here.
The offence was allegedly committed at CIMB Bank Berhad, Putra World Trade Centre, Jalan Tun Ismail, here on Dec 27, 2013.
Tan also pleaded not guilty to an alternative charge of allegedly helping Tengku Adnan to allegedly commit the crime of accepting the RM1 million cheque as a public servant, when the latter knew that Tan,as a director in Nucleus Properties, had links to his official duties.
He was charged with committing the offence at the same place and date under Section 109 of the Penal Code read together with Section 165 of the same law, which provides for a maximum jail term of two years or a fine or both, upon conviction.