Ku Nan ordered to enter defence on RM2m graft charge
Former federal territories minister Tengku Adnan Tengku Mansor was ordered to enter his defence on a charge of accepting a bribe of RM2 million from a businessperson three years ago.
High Court judge Mohamed Zaini Mazlan today ruled that the prosecution has succeeded in proving a prima facie case against Tengku Adnan.
Former federal territories minister Tengku Adnan Tengku Mansor was ordered to enter his defence on a charge of accepting a bribe of RM2 million from a businessperson three years ago.
High Court judge Mohamed Zaini Mazlan ruled in Kuala Lumpur today that the prosecution has succeeded in proving a prima facie case against Tengku Adnan.
“I have subjected the evidence adduced by the prosecution to a maximum evaluation.
“I am satisfied that the prosecution has made out a prima facie case by adducing credible evidence to prove that each ingredient of the offence under Section 165 of the Penal Code, which if unrebutted or unexplained, would warrant a conviction.
“I, therefore, call upon the accused to enter his defence,” Zaini said in his order to the accused, who stood calmly in the dock this morning.
Tengku Adnan, 68, is accused of accepting RM2 million from Chai Kin Kong, via a Hong Leong Islamic Bank cheque belonging to Aset Kayamas Sdn Bhd.
The cheque was alleged to have been deposited into the CIMB Bank account of Tadmansori Holding Sdn Bhd, in which Tengku Adnan purportedly had an interest, after it was known that Aset Kayamas had something to do with his official duties.
Tengku Adnan, who is widely referred to as Ku Nan, is accused of committing the offence at CIMB Bank Berhad, Pusat Bandar Damansara Branch, Kuala Lumpur, on June 14, 2016.
The charge under Section 165 of the Penal Code, provides for a maximum jail term of up to two years, or a fine or both, upon conviction.
In reading out the brief grounds of his judgment, Justice Zaini said the prosecution succeeded in establishing the four elements to secure a conviction under Section 165, which is that Tengku Adnan was a public servant at the time the offence was committed; that the accused had accepted the RM2 million; that he gave no consideration for the money received; and that he knew the person from whom he received the money had connection with his then official functions as public servant.
In terms of the first ingredient, the judge noted that there was no issue of Tengku Adnan being a public servant at the time of the offence as there was uncontroverted evidence that he was the federal territories minister who was in service and pay of the government and entrusted with the performance of public duty.
In regard to the second ingredient, the judge pointed out that Tengku Adnan had received the money from Chai through Aset Kayamas, having paid RM2 million to Tadmansori Holdings, a company owned by the accused.
Justice Zaini noted that despite Chai’s testimony that the money was given as a contribution to Umno for the then-upcoming Sungai Besar and Kuala Kangsar by-elections, the prosecution had proven that no subsequent payment of the RM2 million was ever made to the political party.
“The accused owns Tadmansori Holdings, being the largest shareholder. Evidence has led to show that the accused runs the company and is the primary decision-maker. He is basically the alter ego of the company.
“The prosecution also managed to establish there were no payments made to Umno from Tadmansori Holdings, subsequent to the RM2 million being deposited.
“In fact, the evidence shows that Tadmansori Holdings has never had any dealings with Umno,” Justice Zaini said.
'No evidence to prove Umno received RM2 million'
In regard to a copy of a receipt dated June 14, 2016, produced in court which purported to show that Umno received the money from Tadmansori Holdings, Justice Zaini said the document was not sufficient to show that the money went from the company to the political party.
“I am, however, disinclined to see it that way, quite simply for the reason that there was no evidence to prove Umno received RM2 million from Aset Kayamas.
“The RM2 million was paid to Tadmansori Holdings, and the trail ended there. There was no corresponding payment of RM2 million made to Umno from Tadmansori Holding’s account.
“The receipt alone cannot be proof that Umno has received RM2 million from Aset Kayamas. The fact that this receipt was signed by the accused himself has not escaped my observation,” the judge said, adding that the court found that the money benefited the accused.
In regards to the third ingredient, Zaini said the prosecution established that Aset Kayamas had no business dealings with Tadmansori Holdings, and there was no evidence to show Aset Kayamas had received any consideration for the RM2 million it gave.
The judge also noted that the prosecution succeeded in proving the fourth ingredient, which is that Tengku Adnan knew Chai, from whom he received the money, had a connection with his official function as a public servant.
“The evidence clearly shows that the accused knew that Aset Kayamas had dealings with Dewan Bandaraya Kuala Lumpur (Kuala Lumpur City Hall or DBKL), in his official capacity as the minister for the Federal Territories.
“The dealings were pertaining to the sale and development of the DBKL land. The testimonies of the witnesses and documentary evidence clearly show the accused was involved from the inception,” Justice Zaini said.
After the ruling was read out, lawyer Tan Hock Chuan (photo) was seen conferring with his client Tengku Adnan before he turned to the judge and confirmed that his client would give a sworn statement from the witness stand for the defence stage of the trial.
When Justice Zaini asked how many witnesses that the defence would be calling, Tan said either five or six witnesses would be called.
The judge then set four days for the defence stage of the trial, on Jan 10, 17, 20 and 21 next year.
The judge then reminded the defence that they need to revert back to the court on when further trial dates can be set in December this year.
MACC deputy public prosecutor Julia Ibrahim handled the prosecution in today’s proceedings.
Initially charged at the Kuala Lumpur Sessions Court, Tengku Adnan’s case was then transferred to the High Court in Kuala Lumpur on Dec 14 last year.
The prosecution had called 23 witnesses in the course of the prosecution stage of the trial, which ran from July 2. The prosecution closed its case on Aug 2.
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