Musa faces 35 graft charges
KUALA LUMPUR: Former Sabah Chief Minister Tan Sri Musa Aman was charged in the Sessions Court here yesterday with 35 counts of bribes over timber concession contracts in Sabah involving US$63.3 million (RM263,460,962,313).
Musa, who was wearing a black coat and a songkok and using a walking stick said he understood every charge read to him by two court interpreters.
“I understand and ask for a trial”, he said after being asked by Sessions Court judge Rozina Ayob.
For all the charges, Musa was accused of soliciting bribes from eight timber concession company owners and the offences were committed in eight financial institutions in Hong Kong and Singapore.
For the first to third charges, he was accused as an agent of the Sabah state government as Sabah Chief Minister cum Sabah Foundation Board of Trustees chairman, of seeking bribes for himself amounting to US$131,578.00, US$921,052.00 and US$263,000.00 from Lim Nyuk Foh through Citi Bank and HSBC Bank accounts under the name of Chia Tien Foh as an inducement to grant Sabah timber concession contracts to Syarikat Bountiful Returns Sdn Bhd.
Musa was accused of committing the three charges at Citi Bank, Kowloon, in Hong Kong Special Administrative Region of the People’s Republic of China and in HSBC Bank, Ocean Tower Branch, Singapore on Dec 20 2004 and on Feb 17 2005.
For the fourth and fifth charges, he was accused in the same capacity of soliciting bribes for himself amounting US$1,295,336.00 and US$388,601.00 from Looh Chai Boon via JP Morgan Chase Manhattan Bank account under the name Nasir Yeo Guan Hock, as an inducement for the similar deals for Syarikat Segar Tepat Sdn Bhd and J.V. Lestari Sdn Bhd, at JP Morgan Chase Manhattan Bank, in Hong Kong Special Administrative Region of the People’s Republic of China, on Sept 11 2005 and Oct 31 2005.
For the sixth to the 12th charges, Musa was accused of soliciting bribes for himself amounting to US$2,590,673.00, US$64,766.83, US$1,308,900.52, US$524,934.38, US$393,700.00, US$393,700.78 and US$395,778.36 from Looh via HSBC Bank account under the name of Chia as inducement for awarding concession to the company at HSBC Bank, Claymore Plaza, Singapore on Dec 12 2005 until March 16 2006.
According to the 13th charge, he was accused of the same offence totalling US$5,291,005.29 from Looh via JP Morgan Chase Manhattan Bank account under the name Nasir as inducement for similar acts for Syarikat Segar Tepat Sdn Bhd and J.V. Lestari Sdn Bhd, at JP Morgan Chase Manhattan Bank, in Hong Kong Special Administrative Region of the People’s Republic of China, on March 24 2006.
In charges 14th to 16th, Musa was accused as a government agent to obtain bribes for himself amounting to US$16,148,547.00, US$1,047,153.00 and US$3,134,128.16 from Chia through UBS AG account under the name of Richard Christopher Barnes, as inducement to favour Syarikat Tamabina Sdn Bhd, Syarikat Sabapoineer Sdn Bhd and Syarikat Danagaya Sdn Bhd, at UBS AG Bank, Central, in Hong Kong Special Administrative Region of the People’s Republic of China, between June 21 and July 16 2006.
For charge 17th, Musa was accused of soliciting bribes amounting to US$2,180,673.83 from Mazlan Zakaria via UBS AG account under the name of Richard Christopher Barnes to facilitate Syarikat LR Enterprise Sdn Bhd, Lembah Mayang Sdn Bhd and Fast Progress Sdn Bhd at UBS AG Bank, Central, in Hong Kong Special Administrative Region of the People’s Republic of China, on Aug 20 2006.
For charge 18th, he was accused as a government agent who solicited bribes amounting to US$4,044,956.82 from Lo Man Heng through UBS AG account under the name of Richard Christopher Barnes, as an inducement to favour Syarikat Maju Sinar Network Sdn Bhd at UBS AG Bank, Central, in Hong Kong Special Administrative Region of the People’s Republic of China, on Aug 22 2006.
In the 19th charge, he was accused as a government agent by accepting bribes amounting to US$518,681.74 from Mazlan via UBS AG account under the name of Richard Christopher Barnes, as inducement for similar deals for Syarikat LR Enterprise Sdn Bhd, Lembah Mayang Sdn Bhd and Fast Progress Sdn Bhd at UBS AG Bank, Central, in Hong Kong Special Administrative Region of the People’s Republic of China, on Nov 7 2006.
For charges 20th to 21st, he was accused as a government agent for soliciting bribes amounting to US$108,108.00 and US$507,636.00 from Looh in the name of Chia, as inducement to favour Syarikat Eden Region Sdn Bhd and Gasing Selatan Sdn Bhd, at Credit Suisse Raffles Place, Singapore on Nov 16 2006 and Feb 14 2007.
For charge 22nd, Musa was accused of soliciting bribes for himself as an agent of the government amounting to US$895,000.00 from Mazlan via UBS AG account under the name of Richard Christopher Barnes, as inducement to award concessions to Syarikat LR Enterprise Sdn Bhd, Lembah Mayang Sdn Bhd and Fast Progress Sdn Bhd at UBS AG Bank, Central, in Hong Kong Special Administrative Region of the People’s Republic of China, on March 21 2007.
In charge 23rd, Musa was accused as a government agent who solicit bribes for himself amounting to US$28,570.00 from Looh under the name of Chia as inducement for timber concessions for Syarikat Eden Region Sdn Bhd and Gasing Selatan Sdn Bhd, at Credit Suisse Raffles Place, Singapore, on May 2 2007.
For charges 24th to 25th, he was accused as a government agent for soliciting bribes amounting US$1,624,432.50 and US$7,300,000.00 from Nasir via an account under the name of Richard Christopher Barnes, as inducement for same deal to Syarikat Innokinta Sdn Bhd, Segar Tepat Sdn Bhd, J.V. Lestari Sdn Bhd, Eden Region Sdn Bhd and Gasing Selatan Sdn Bhd, at UBS AG Bank, Central, in Hong Kong Special Administrative Region of the People’s Republic of China, on June 8 2007.
For charges 26th to the 28th, Musa was accused as a government agent of accepting bribes amounting to US$862,000.00, US$ 778, 443.00 and US$3,044,140.00 from Looh through UBS AG account under the name of Richard Christopher Barnes and through Fortis Private Banking from Looh as inducement for Syarikat Tetap Simfoni Sdn Bhd at UBS AG Bank, Central, in Hong Kong Special Administrative Region of the People’s Republic Of China, on July 20 2007 and at Fortis Private Banking, Singapore, on Feb 19 2008.
In the 29th charge, he was accused as a government agent of soliciting bribes for himself amounting to US$650,000.00 from Nip Wing Hon at UBS AG under the name of Richard Christopher Barnes, as inducement to favour Syarikat Asiatic Lumber Industries Sdn Bhd at UBS AG Bank, Central, in Hong Kong Special Administrative Region of the People’s Republic of China, on Feb 29 2008.
For charges 30 to 32, Musa was accused as a government agent who solicited bribes of US$3,120,125.00, US$1,238,767.48 and US$20,013.89 from Ngui Ing Chuang via UBS AG account under the name of Ark Capital Technologies Ltd, as inducement to award concession to Syarikat Eramewa Sdn Bhd at UBS AG Bank, Raffles Place, Singapore, on March 3 and 4 2008.
For charges 33 and 34, he was accused as a government agent by soliciting bribes for himself amounting to US$406,250.00 and US$311,332.50 from Looh via an account under the name of Richard Christopher Barnes, as inducement to grant timber concessions to Syarikat Tetap Simfoni Sdn Bhd at UBS AG Bank, Central, in Hong Kong Special Administrative Region of the People’s Republic of China, on March 20 and 25 2008.
For charge 35, he was accused as a government agent of soliciting bribes for himself amounting to US$1,361,939.80 from Ngui Ing Chuang via UBS AG account under the name of Starwater Corporation Ltd. to induce the granting timber concession to Syarikat Eramewa Sdn Bhd at UBS AG Bank, Raffles Place, Singapore, on Nov 6 2008.
All the charges were framed under Section 11(a) of the Corruption Prevention Act 1997 and could be punished under Section 16 of the same act which carries a maximum jail term of 20 years and fine not less than five times of the amount or value of the bribe upon conviction.
The court granted Musa RM2 million bail with two sureties, and ordered him to surrender both his civil and diplomatic passports.
He was allowed to pay RM1 million yesterday and the remaining RM1 million by Wednesday, November 6.
The judge ordered Musa to remain in the peninsula until the full amount is settled and fixed December 13 for mention of the case.
However, Musa later paid the RM2 million bail in full at around 4.30pm.
His lead counsel Amer Hamzah Arshad confirmed that bailors were able to come up with the full sum at the last minute.
Lead prosecutor Datuk Seri Gopal Sri Ram had earlier said the prosecution has no objection for bail to be offered to Musa.
He requested for the bail to be fixed at RM5 million in two sureties and for Musa to surrender all his passports.
Amer asked for a lower bail, saying that the quantum of the bail should not be punitive.
He said his client had extended full cooperation to authorities and had returned from London where he was seeking treatment despite his doctor’s advice not to do so.