KUALA LUMPUR (March 5): Former Sabah chief minister Tan Sri Musa Aman today claimed trial to 16 counts of money laundering to the amount of US$37.8 million (about RM154.07 million) and SG$2.5 million (about RM7.52 million) at the Sessions Court here.
Musa, 69, is firstly charged with directing his proxy Richard Christopher Barnes, who is also his lawyer, to open a UBS AG Bank account (0/231,117/01,00) in Singapore on June 21, 2006 for the purpose of allegedly receiving the illegal money.
Alternatively, he is charged with asking Barnes to hide the fact that the bank account (0/231,117/01,00) is owned by him to hide the receiving of the illegal proceeds at the same place and time.
Besides this, Musa is charged with 14 charges of receiving the illegal proceeds to the amount of US$37.8 million and SG$2.5 million at the UBS AG branch in Hong Kong between June 21, 2006 and March 25, 2008.
On his 16th charge, the former Sabah chief minister is charged with directing Barnes to transfer all assets and future inflow from Barnes' UBS account to his own UBS account (230-750692.01) based in Zurich on May 14, 2008.
Musa is charged under Section 4(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, where he stands to face a maximum 15 years jail term and fined five times the amount if convicted.
He is said to have received the money from individuals and a company said to be in relation to awarding timber concessions.
Last Nov 5, Musa is charged and claimed trial to 35 counts of graft to the amount US$63 million (about RM243 million).
Earlier, deputy public prosecutor Raja Rozela Raja Toran informed Sessions Court judge Rozina Ayob that the prosecution has obtained two certification from the Hong Kong and Singapore diplomatic officers, to draft the charge as the offences took place at both countries.
Raja Rozela also told the court that the prosecution is asking for a joint trial for these new charges, with the 35 that Musa is also facing.
Musa's lawyer, led by Francies Ng Aik Guan, informed they have no objection to the application.
However, he pointed out that the defence may seek to apply to strike out the graft and money laundering charges as the Hong Kong's Independent Commission Against Corruption (ICAC) review committee had issued a letter dated Dec 22, 2011 to Musa, stating that the commission would not be constituting action, as it classified the case as no further action.
Rozina asked Ng to file the necessary written application.
She also fixed July 15 to July 26 for trial, should the case remain at her court, and also set April 15 for case management.
Outside court, lawyer Amer Hamzah Arshad who appears for Musa, told reporters that besides bringing up the issue on the ICAC letter, they will also bring up the issue of former minister in the Prime Minister's department Datuk Seri Nazri Abdul Aziz's reply to a parliamentary question by Chua Tian Chang (PKR-Batu).
The lawyer said in the reply dated Oct 8, 2012 that Nazri said the Attorney General Chambers had looked into the allegation on corruption and found that the monies were a political contribution for Umno Sabah.
"Hence here we have two documents, the ICAC letter and the parliamentary reply clearing my client. But yet today and on last November, he is charged," the lawyer said.
That, Amer Hamzah said would be the basis of the defence application to strike out the charges.
Earlier today, the defence withdrew its application to transfer the case to the High Court, as Ng said this was in light of the prosecution filing further charges on Musa.
Following this, High Court judge Justice Mohd Zaini Mazlan struck out the application with liberty to file afresh.