Water Dept corruption trial takes another new twist

KOTA KINABALU: The State Water Department corruption trial involving its former director, deputy and another accused took a new twist again when an application to stay the entire trial proceedings was heard at the Sessions Court on Thursday.

Judge Abu Bakar Manat has fixed today (Feb 3) to deliver his verdict on the stay application filed by the first and second accused persons Ag Mohd Tahir Mohd Talib and Fauziah Hj Piut through Messrs Priskila Akwila Advocates.

Apart from the stay application, the judge will also be giving his decision on an application to object several parts in a witness statement of the prosecution’s key witness, Teo Chee Kong, who was one of the former deputy directors of the said department.

The objection application was raised by the third accused, Lim Lam Beng @ Lim Chee Hong.

The judge had heard both the applications on Thursday including submissions by the counsel for all the accused persons and reply by the prosecution.

In her submission, counsel Priskila Akwila Sinem, who defended Ag Mohd Tahir and Fauziah, said that a stay was applied for the entire proceedings of the trial at the Sessions Court here following a criminal revision by the two accused persons filed on February 1 at the High Court here.

In reply, the prosecution argued that there was no special circumstances given by the first and second accused persons to apply for a stay of their trial.

Meanwhile, Datuk Tan Hock Chuan, who represented Lim, submitted among others that, what was stated in Teo’s witness statement on events which he alleged happened so long ago, were very prejudicial to the third accused Lim which far outweigh any probative value.

Tan further submitted that any out-of-court assertions were statements of hearsay and such evidence was generally not admissible as proof of fact stated by a third person.

In reply, the prosecution among others said that they have not completed their case and expunging any evidence would risk prejudicing the prosecution from establishing their case.

The prosecution further argued that they would not be able to corroborate the evidence of Teo on material parts by calling other witnesses.

Ag Mohd Tahir, 59, Ag Mohd Tahir’s wife Fauziah, 57, and Lim, 68, were tried for alleged money laundering offences involving cash and huge amount of bank savings as well as unlawful possession of luxury goods.

Ag Mohd Tahir faces 11 charges and Fauziah faces 19 charges under Section 4 (1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Apart from that Fauziah has another two joint charges with Ag Mohd Tahir under Section 4 (1)(b) also of the same Act and Ag Tahir also has another charge under Section 4(1)(a) of the same Act.

The alleged offences against Ag Mohd Tahir and Fauziah were committed at his office here, a house in Sembulan, at bank branches, at a condominium, in Sulaman and a tower in Kuala Lumpur between October 4 and November 4, 2016.

Lim was alleged to have committed the offences at the Malaysian Anti-Corruption Commission office at Jalan UMS and at a house here between October 13 and November 8, 2016.

For Thursday’s proceedings, deputy public prosecutors Mahadi Abdul Jumaat and Haresh Prakash Somiah appeared for the prosecution.

Apart from Tan, counsel Baldev Singh, Karpaljit Singh and Calvin Wong also represented Lim. Teo, who is the 29th prosecution witness, has not finished giving his evidence in court.

Counsel Ram Singh held a watching brief for Teo.