Former minister Ku Nan has to answer to a RM2mil bribery charge.

High Court: Evidence shows that RM2mil was not a contribution to Umno

KUALA LUMPUR: Datuk Seri Tengku Adnan Tengku Mansor is to enter his defence for allegedly receiving a RM2mil bribe from a businessman in 2016, the High Court has ordered.

“I am satisfied that the prosecution has made out a prima facie case by producing credible evidence to prove 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,” said Justice Mohamed Zaini Mazlan yesterday.

He added that the prosecution had established that Umno never received the RM2mil from Tadmansori Holdings Sdn Bhd, which was a claim made by the defence.

“In fact, the evidence shows that Tadmansori Holdings has never had any dealings with Umno,” he added.

He said despite the existence of a receipt, allegedly as an acknowledgement that Umno has received RM2mil from Aset Kayamas Sdn Bhd, there was no corresponding payment made from Tadmansori Holdings to Umno.

“The RM2mil given by (Aset Kayamas Sdn Bhd managing director Tan Sri Chai Kin Kong) was paid to Tadmansori Holdings and the trail ended there.

“There was no corresponding payment of RM2mil made to Umno from Tadmansori Holdings,” Justice Mohamed Zaini added.

He said it was uncontested that at the material time Tengku Adnan was the Federal Territories Minister, was in the service and pay of the Federal Government at that time and was entrusted with public duty.

“That Aset Kayamas had paid RM2mil to Tadmansori Holdings through Chai is not disputed.

“The pertinent issue is the purpose for which the payment was made, whether it was for the benefit of the accused or a contribution to Umno,” he said.

The evidence, he added, also showed that Tengku Adnan ran Tadmansori Holdings and was its “primary decision maker”.

“I am inclined to hold that the RM2mil benefited the accused and it was received without valuable consideration, which therefore fulfils the second element of Section 165 of the Penal Code,” he said, adding that it was established that Aset Kayamas itself had no business dealings with Tadmansori Holdings.

Justice Mohamed Zaini also said Tengku Adnan knew Aset Kayamas had dealings with the Kuala Lumpur City Hall (DBKL), related to the sale and development of DBKL land.

“The testimonies of the witnesses and documentary evidence clearly shows that the accused was involved from the inception,” he said.

When asked how he wanted to enter his defence, Tengku Adnan said he would give his sworn evidence from the witness dock.

The judge fixed Jan 10, 17, 20 and 21, 2020, for the next trial dates.

The prosecution was led by Deputy Public Prosecutor Julia Ibrahim, while counsel Datuk Tan Hock Chuan represented Tengku Adnan.

Tengku Adnan was charged on Jan 23 under Section 165 of the Penal Code for accepting RM 2mil from Chai via a Hong Leong Islamic Bank cheque belonging to his company, which was deposited into the CIMB Bank account of Tadmansori Holdings on June 14, 2016 when it was known that Aset Kayamas had links to his official duties as the then Federal Territories Minister.

He allegedly committed the offence at the Pusat Bandar Damansara branch of CIMB Bank Berhad.

If found guilty, he faces up to two years in jail, or a fine, or both.