Prosecution has strong case against Sabah ex-CM, says lead prosecutor

KUALA LUMPUR: The prosecution has a strong case against former Chief Minister of Sabah Tan Sri Musa Aman who is facing 35 charges of corruption involving timber concessions in Sabah totalling AS$ 63,293,924 ( RM263,460,962.313) despite the investigation had previously been closed.

Retired Federal Court Judge who was appointed as Senior Deputy Public Prosecutor to lead the prosecution team, Datuk Seri Gopal Sri Ram, said the case had been investigated by the Malaysian Anti- Corruption Commission ( MACC) for some time.

“But for the strangest reason, the case had been ordered to be closed. I cannot comprehend why it was ordered to be closed, but now the case is open,” he told Sessions Court Judge Rozina Ayob.

Rozina also asked the prosecution to expedite the delivery of documents to the defence under Section 51A of Criminal Procedure Code as it involved many foreign witnesses, to which Sri Ram replied that the prosecution would only call two or three witnesses from overseas.

Rozina: ‘ Are you ready to proceed this case?

Sri Ram: ‘ Yes, we (the prosecution) are ready.’

Earlier, Sri Ram proposed that Musa be released on bail at RM5 million with two sureties and all his passports to be surrendered to court, while lawyer Amer Hamzah Arshad who acted for Musa asked the amount to be reduced to RM1 million.

Amer Hamzah said his client had given full co- operation to the MACC and had personally contacted the MACC for investigation after he came back from London for medical treatment on Aug 23 this year.

“In fact, he made the first move to contact the MACC and willingly went to the MACC office for investigation. He is still innocent until proven guilty,” he said, adding that the MACC had on Friday served a notice to Musa to give his statement at the MACC headquarters in Putrajaya and he had no knowledge that he would be arrested and subsequently charged today.

Rozina then asked Sri Ram to confirm the matter and Sri Ram replied: “Yes, he cooperated.”

Amer Hamzah said the amount of RM1 million was sufficient considering the fact that the accused had fully cooperated with the MACC and said his family members were also present in court to pay the bail.

Rozina also asked whether Musa had any relative staying in the peninsula, to which Amer Hamzah replied that Musa’s nephew, who is residing in Shah Alam, was in the court to bail his uncle.

Rozina: ‘Are you willing to be the bailor?’ Musa’s nephew: ‘Yes, I am.’ Rozina granted Musa bail of RM2 million with two sureties and also ordered him to surrender his two passports to court pending disposal of his case. Amer Hamzah then requested for the bail to be paid in instalments, with RM500,000 paid yesterday and the balance to be settled by tomorrow.

Rozina agreed but ordered Musa to stay here (in Kuala Lumpur) and barred him from flying back to Kota Kinabalu pending settlement of his bail on Wednesday.

Amer Hamzah then stood up and informed the court that his client had to attend his case at the Kota Kinabalu High Court tomorrow which was fixed for a decision in relation to his originating summons against Sabah Chief Minister Datuk Seri Shafie Apdal. “Then maybe I should withdraw the bail,” she said jokingly. — Bernama