This article first appeared in The Edge Malaysia Weekly on December 30, 2019 - January 5, 2020
DATIN Seri Rosmah Mansor
Former prime minister Datuk Seri Najib Razak may have hogged the limelight in 2019 with his three kleptocracy trials while his wife, Datin Seri Rosmah Mansor, stood in the wings with her limited court appearances, but the roles are set to reverse in 2020 as the two cases against her — on bribery and money laundering — go to trial.
For the first case on corruption, a total of 32 days has been fixed for her joint trial with her former aide and special officer, Datuk Rizal Mansor.
Starting from February, Justice Mohamed Zaini Mazlan will hear the case in the High Court every Monday to Thursday of the month except for the last week, and only for a week in March, from 9 to 12, and on the same days throughout April.
Rosmah, 68, faces two corruption charges in connection to a solar hybrid project for Sarawak schools. In the first charge, she is alleged to have solicited RM187.5 million or 15% of the project cost from Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin between March 2016 and April 2016 at Sunway Putra Mall in Kuala Lumpur, as inducement to help secure the project; she also faces a second count of receiving RM1.5 million from Saidi in 2017 as her reward. The second corruption charge is for the RM5 million reward she allegedly received from Saidi at her home on Jalan Langgak Duta, Taman Duta, on Dec 20, 2016.
As for Rizal, he faces four counts of corruption, for soliciting RM187.5 million and RM25 million from Saidi between March and April 2016, on behalf of Rosmah, and for receiving RM5 million from Saidi on her behalf, and another RM500,000 for himself in December 2016 as reward for the successful procurement of the project for Jepak Holdings.
Rosmah will be represented by Datuk Jagjit Singh, Manjeet Singh Dhillon and Datuk Akberdeen Abdul Kader.
Her money laundering trial will be heard in the second and third weeks of May, the last week of June and the first two weeks of July, Monday to Thursday.
She faces 12 counts of money laundering and five counts of not declaring the related income amounting to almost RM7.1 million that had been deposited into her bank account between Sept 4, 2014, and June 8, 2017.
She will be represented by Datuk K Kumaraendran, Datuk Geethan Ram Vincent and Rajivan Nambiar.
This trial does not include the forfeiture case filed against her, her husband and her children.
Datuk Seri Abdul Azeez Abdul Rahim and his brother, Datuk Abdul Latif
Abdul Azeez, the Baling MP and former Lembaga Tabung Haji chairman, is facing graft charges involving RM5.2 million and money laundering charges of RM140 million.
He is alleged to have committed the offences at CIMB Bank, UAB Tower branch, Jalan Tun Perak, Kuala Lumpur on Dec 8, 2010, and at Affin Bank, Setiawalk, Persiaran Wawasan, Pusat Bandar Puchong, Selangor on June 13, 2017, and April 10, 2018.
He claimed trial to receiving RM1.2 million through his CIMB Bank account from Menuju Asas Sdn Bhd director Mohammad Redzuan Mohanan Abdullah after the company secured road projects worth RM197,805,750.18 in Perak and Kedah.
Abdul Azeez also faces a second and third charge for receiving RM4 million from the same person as gratification for securing the upgrading works of the Pantai Baru Coastal Expressway Project (Teluk Intan to Kampung Lekir, Perak) worth RM644,480,000, through limited tender from the Works Ministry.
His brother, Abdul Latif, 61, pleaded not guilty to two counts of abetting him in committing the alleged offences.
Abdul Azeez also faces eight counts of money laundering of RM140 million from the same company and also from Mangkubumi Sdn Bhd, Pintas Utama Sdn Bhd and AVP Engineering (M) Sdn Bhd, between March 8, 2010, and Aug 30, 2018, around the Klang Valley.
The two brothers’ trial has been fixed on March 16 to 20, April 1 to 3, May 18 to 20, and June 29 and 30.
Riza Shahriz Aziz
Rosmah’s son from her first marriage, Riza Shahriz Aziz, faces five counts of money laundering of US$248.17 million (RM1.18 billion).
The co-founder of Red Granite Pictures was charged with receiving the money from Good Star Ltd’s Swiss accounts linked to fugitive businessman Jho Low, and from Aabar Investments PJS Ltd to the accounts of Red Granite in the US and Singapore.
The first charge relates to the transfer of US$1.17 million from Good Star’s account in RBS Coutts to Red Granite’s bank account in US City National Bank between April 12 and May 12, 2011. The second charge is for the same offence involving US$9 million between Sept 10 and Oct 10, 2012.
The third concerns a transfer of US$133 million from Aabar Investments’ account in BSI SA to Red Granite Capital Ltd’s BSI Bank account in Singapore on June 18, 2012. The fourth and fifth are for the same offences involving US$60 million on Oct 23 and US$45 million on Nov 14 in the same year.
Riza’s application to be tried at the High Court has been dismissed by Justice Mohd Nazlan Mohd Ghazali, and the trial will remain at the Sessions Court before Judge Rozina Ayob, who fixed Jan 6 to 16 for hearing.
Red Granite is the producer of The Wolf of Wall Street and Dumb and Dumber motion pictures.
Datuk Seri Ahmad Zahid Hamidi
Umno president and former deputy prime minister Ahmad Zahid has been slapped with a whopping 47 charges at the High Court — 12 for criminal breach of trust, 8 for bribery and 27 for money laundering — involving a total sum of RM117.25 million.
This is the first time in the country’s history that a former president and a former deputy president of both Umno and the Barisan Nasional government are facing criminal charges.
Zahid had allegedly misappropriated RM31 million from Yayasan Akalbudi, used the money to make six payments to personal credit cards, insurance policy and licences of his personal vehicles. Yayasan Akalbudi is a charity organisation.
As for his corruption charges, Zahid allegedly received RM17 million during his tenure as home minister, as reward for awarding three contracts to several companies between 2016 and 2018. He was also accused of cashing in on his position by allegedly receiving RM4.25 million from a “person” as inducement to help secure MyEG projects under the purview of his ministry.
The 27 money-laundering charges concern his receiving RM65 million in cheques from individuals known and unknown to him, which were used to purchase two bungalows worth RM5.9 million, among others.
At the ongoing trial, it was revealed that Zahid, and his wife, Datin Seri Hamidah Khamis, owned 18 luxury vehicles, ranging from Toyota Vellfire to Harley-Davidson and one Mercedes-Benz. Nine were motorcycles, with seven registered under Zahid. Hamidah had two registered in her name: a Ducati Hypermotard 796 and a Kawasaki KLX 250 V. She also has a Mercedes-Benz CLS 350 and another Toyota Vellfire.
Their AmBank credit card statements between December 2013 and January 2016 showed they spent almost RM1.3 million, of which the biggest payment was RM175,011.55 on Jan 2, 2015, for a stay in luxury hotel The Address Dubai Mall in the United Arab Emirates and also purchases in New York.
Zahid’s trial will be next heard on Feb 11, when more prosecution witnesses are expected to be called.
He is facing 40 additional graft charges, seven of which came to a total of S$4.24 million, allegedly from Ultra Kirana Sdn Bhd in exchange for extending the company’s contract for a one-stop centre.
He also faces 33 counts of bribery at the Shah Alam Sessions Court amounting to RM42.7 million for receiving funds from Ultra Kirana. This trial has yet to begin.
Datuk Seri Tengku Adnan Tengku Mansor
Former Federal Territories minister and Umno strongman Datuk Seri Tengku Adnan Tengku Mansor is another high-profile official in Najib’s administration who was investigated by the Malaysian Anti-Corruption Commission (MACC) and hauled up in court on two charges.
The first is related to his role as the Federal Territories minister, in accepting for himself RM2 million from a Tan Sri Chai Kin Kong via a cheque belonging to Aset Kayamas Sdn Bhd. This was later deposited into the CIMB Bank account of Tadmansori Holding Sdn Bhd in which he had an interest, where it was known that Aset Kayamas had connections with his official duties.
He is alleged to have committed the offence at CIMB Bank, Pusat Bandar Damansara, Kuala Lumpur on June 14, 2016.
During his trial at the High Court, Tengku Adnan had maintained that the money was a political donation to Umno and not for his personal benefit. However, the prosecution had shown that Umno never received the money from Tadmansori Holdings Sdn Bhd, as claimed by the defence.
Tengku Adnan, 69, will defend himself against his charges when the case continues on Jan 10.
The other charge is for allegedly accepting a bribe of RM1 million from businessman Datuk Tan Eng Boon.
Tan, an ex-chairman of Paragon Globe Bhd, had paid Tengku Adnan the amount for the approval of Nucleus Properties Sdn Bhd’s application (now known as Paragon City Development Sdn Bhd) to increase the plot ratio of the development of Lot 228 on Jalan Semarak, Kuala Lumpur.
Tengku Adnan had unsuccessfully sought to recuse the presiding judge, Justice Mohd Nazlan Mohd Ghazali, as the latter had sentenced Tan separately to a fine of RM1.5 million on an amended charge of abetting with the former minister, and hence might be influenced by the facts of the case or Tan’s guilty plea.
Tan, 71, had then turned prosecution witness in the case and is likely to shed new light on it when the court adjourns on Feb 18.
Tan Sri Musa Aman
Musa Aman, the former Sabah chief minister of 15 years, is facing 30 charges of bribery amounting to US$50.26 million in addition to 16 charges of money laundering totalling US$37.8 million and S$2.5 million, all related to timber concessions in the state.
On Nov 5, 2018, Musa was slapped with 35 counts of corruption involving US$63.3 million in Hong Kong and Singapore allegedly as an inducement for offering timber concessions in Sabah to 16 companies between Dec 20, 2004, and Nov 6, 2008.
The charges were made under Section 11(a) of the Anti-Corruption Act 1997, which carries a maximum penalty of 20 years’ jail and a fine of no less than five times the amount of the bribe, or RM10,000, whichever is higher, upon conviction.
On Oct 18, the High Court acquitted Musa of five of the 35 charges, amounting to US$13.04 million. Justice Collin Lawrence Sequerah rejected the application made by the prosecution, led by Datuk Umar Saifuddin Jaafar, for a discharge not amounting to an acquittal. Umar said there was “still pending evidence over the remaining charges”.
However, the defence team, led by Francis Ng Aik Guan, argued for a discharge amounting to an acquittal so as to avoid “uncertainty hanging over my client’s head”.
Justice Sequerah fixed Feb 28, 2020, as the next case management date.
Separately, in March, Musa was slapped with an additional 16 charges of money laundering involving US$37.8 million and S$2.5 million, allegedly committed at UBS AG Bank in Singapore and UBS AG Bank in Hong Kong between June 21, 2006, and May 14,2008.
Musa is said to have ordered Richard Christopher Barnes, 67, to open a bank account under his name at UBS AG Bank in Singapore to receive the proceeds from illegal activities.
Musa also faces an alternative charge of concealing proceeds acquired from illegal activities.
The charges were made under Section 4(1)(a) of AMLA, which carries a sentence of up to 15 years’ jail and a fine of no less than five times the amount of illegal proceeds or RM5 million — whichever is higher — upon conviction.
Justice Sequerah has fixed 22 days for the trial, commencing in June 2020. The dates are June 8 to 11, June 15 to 18, July 6 and 7, July 13 to 16 and July 20 to 23.
The prosecution indicated that it will call about 30 witnesses.
Tan Sri Mohd Isa Abdul Samad
Mohd Isa, the former Federal Land Development Authority (FELDA) chairman, is facing one charge of criminal breach of trust and nine counts of receiving a RM3.09 million bribe linked to FELDA’s purchase of the Merdeka Palace Hotel & Suites in Kuching by Felda Investment Corp Sdn Bhd (FIC Sdn Bhd).
Mohd Isa, who is a former long-time Negeri Sembilan menteri besar, claimed trial to all the charges.
On the first charge, he is alleged to have approved the hotel purchase for RM160 million without the approval of FELDA’s board of directors. He was charged with committing the offence at Menara Felda on April 29, 2014.
The charge is framed under Section 409 of the Penal Code, which carries a maximum jail term of 20 years, together with whipping and a fine, upon conviction.
Under the graft charges, he is accused of dishonestly receiving a cash gratification of RM3.09 million from Ikhwan Zaidel, a board member of Gegasan Abadi Properties Sdn Bhd, through Muhammad Zahid Md Arip in return for helping to approve the hotel purchase by FIC Sdn Bhd, for RM160 million.
The graft charges were made under Section 16 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, under which Mohd Isa faces a maximum of 20 years’ jail and a fine of up to five times the amount of bribes he received, if he is found guilty.
Muhammad Zahid was formerly Mohd Isa’s special officer. He is now working as an aide to Prime Minister Tun Dr Mahathir Mohamad.
Most jarring of the court proceedings so far was the revelation by Ikhwan Zaidel during his testimony that the words “sampaikan salam” (send my greetings), appeared to be the secret code used by Zahid to demand a bribe for his then boss Mohd Isa.
Ikhwan Zaidel said Zahid told him that Mohd Isa “sampaikan salam” seven times, and that each incident preceded the transfer of funds to Mohd Isa through Zahid as payment in exchange for securing Felda Investment Corp Sdn Bhd’s agreement to buy the Merdeka Palace Hotel.
The seven incidents took place between September 2014 and December 2015, the witness said.
Ikhwan, who is the prosecution’s 16th witness, told the court that Zahid had informed him that Mohd Isa wanted money to fund his political activities and demanded RM3 million from Gegasan Abadi. This payment was done in a series of transfers.
Before each payment was made, Zahid would tell him that “Tan Sri Isa sends his salam (greetings)”.
It was noted that Zahid is also scheduled to testify in the trial later.
According to the testimony of the witnesses so far, including former FIC CEO Mohd Zaid Abdul Jalil, the hotel was initially valued at RM137.5 million, with a second valuation placing it at RM153 million.
Zaid testified that he opposed the hotel purchase at FIC board meetings based on the valuation, and that FIC had twice rejected it after Gegasan Abadi offered the hotel at a price of RM200 million.
The price tag was then lowered to RM165 million before an agreement was reached for RM160 million to be paid, despite an independent valuation commissioned by FIC showing the property was only worth RM153 million.
The purchase, Zaid said, was suggested by Mohd Isa during an April 2014 board meeting. He said the former FELDA chairman claimed that former prime minister Datuk Seri Najib Razak had told him he wanted FELDA to review its decision after the rejections.
The trial before High Court judge Justice Mohd Nazlan Mohd Ghazali continues on Jan 13, 2020.
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