Aug 9 decision on bid for joint hearing of Ku Nan, businessman cases
The High Court yesterday set Aug 9 to decide on an application by the prosecution for a joint hearing of the corruption cases involving businessman Datuk Tan Eng Boon and former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor.
Judge Mohd Nazlan Mohd Ghazali set the date after hearing submissions by deputy public prosecutor Julia Ibrahim and Tan's lawyer Faisal Moideen.
Julia submitted that the two cases should be heard jointly on the grounds that the charges against them originated from the same incident, involved similar transactions and on the same date and time.
“My Lord, in this case, the giver is Tan and Tengku Adnan is the recipient based on the details of existing documents. They (Tan and Tengku Adnan) should have been jointly charged, but there was an error in the e-filing at the time. The prosecution, since the beginning, had intended for a joint hearing of the cases.”
Faisal objected to the prosecution's application on the grounds that his client and Tengku Adnan were separately charged and that if they were tried together, it would prejudice his client.
“Tengku Adnan cannot be a witness in this case if the cases are heard together," he said.
On Nov 15 last year, Tan, who is a director of a property development company, pleaded not guilty to a charge of giving a bribe to Tengku Adnan, 68, by depositing a RM1 million Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd into Tengku Adnan's CIMB Bank account.
It was allegedly as a reward for Tengku Adnan for approving Nucleus Properties Sdn Bhd (now known as Paragon City Development Sdn Bhd) to increase the plot ratio relating to the development of Lot 228, Jalan Semarak, here.
The offence was allegedly committed at CIMB Bank Berhad, Putra World Trade Centre, Jalan Tun Ismail, here on Dec 27, 2013.
The charge, under Section 16(b)(A) of the Malaysian Anti-Corruption Commission (MACC) Act, provides for imprisonment of up to 20 years and a fine of not less than five times the amount of the gratification or RM10,000, whichever is higher, if found guilty.
Tan also faces an alternative charge, made under Section 165 of the Penal Code and punishable under Section 109 of the same law, with abetting Tengku Adnan in committing the offence.
On Nov 15, last year, Tengku Adnan pleaded not guilty to a charge of corruptly receiving RM1 million from Tan to approve an application by a company to increase the plot ratio relating to a development at Jalan Semarak here.