Tengku Nan discharged of RM2 million bribery charge, new charge filed over same transaction

KUALA LUMPUR: The Sessions Court here yesterday discharged, but not amounting to an acquittal, former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor on a charge with accepting RM2 million bribe from a businessman two years ago.

Judge Azman Ahmad made the ruling after allowing an application by the prosecution, conducted by deputy public prosecutor Julia Ibrahim, to discharge without acquitting Tengku Adnan, 68, of the charge, which was the second charge made against him when he was first charged in court last Nov 15.

The charge was made under Section 165 of the Penal Code, which provides for imprisonment for up to two years, or with fine, or both, if found guilty.

“We find the facts in the first and second charge not related and therefore inappropriate to be tried together.

“However, we will refile the second charge and will read as a new separate charge,” she said.

Tengku Adnan’s lawyer, Datuk Tan Hock Chuan, did not object to the prosecution’s application, but requested the bail of RM1 million which had been imposed earlier on his client for the two charges to be reduced to RM500,000 with one surety.

Tan said this would enable Tengku Adnan, who is Umno Treasurer, to post the bail on the new charge to be made against him.

Azman allowed Tan’s request, but maintained the other condition which required Tengku Adnan to surrender his diplomatic and international passports to the court.

About half an hour later, when the court resumed proceedings, a new charge involving the same transaction, which was for allegedly accepting RM2 million bribe from a businessman two years ago, was read out to Tengku

We find the facts in the first and second charge not related and therefore inappropriate to be tried together. However, we will refile the second charge and will read as a new separate charge. Julia Ibrahim, deputy public prosecutor

Adnan, who the pleaded not guilty to the charge.

He was charged as a public servant in his capacity as the Federal Territories Minister to have received valuables without consideration, amounting RM2 million from one Chai Kin Kong, through a Hong Leong Islamic Bank cheque belonging to Aset Kayamas Sdn Bhd, which was deposited into a CIMB account belonging to Tadmansori Holding Sdn Bhd, which he ( Tengku Adnan) had interest in and which he knew had connection with his official function.

Tengku Adnan was charged with committing the offence at CIMB Bank Berhad, Pusat Bandar Damansara branch, Level 1, Lot A4, Block A, Pusat Bandar Damansara, Kuala Lumpur, on June 14 , 2016.

The court allowed Tengku Adnan bail of RM500,000 with one surety and fixed Jan 7 next year for mention.

Earlier, the court allowed Tengku Adnan’s application for the return of his international passport today to enable him to travel to Melbourne, Australia, for treatment at a hospital there, and to return on Jan 7 next year.

Tan also informed the court that the defence had applied to transfer the case to the High Court under section 417 of the criminal procedure Code and the hearing had been fixed on Dec 14.

Last Nov 15, Tengku Adnan pleaded not guilty to a charge with receiving gratification of RM1 million for himself from a businessman, Tan Eng Boon , through a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd that was deposited into a CIMB Bank account belonging to him ( Tengku Adnan) to obtain approval for an application by Nucleus Properties Sdn Bhd (now known as Paragon City Development Sdn Bhd) to raise the plot ratio of the site with development at Lot 228, Jalan Semarak, Kuala Lumpur.

The offence was allegedly committed at CIMB Bank Berhad, Putra World Trade Centre branch, Level 2, Podium Block, Putra World Trade Centre, Jalan Tun Ismail here on Dec 27, 2013.

The charge was made under Section 16(a)(A) of the Malaysian Anti-Corruption Commission Act which provides an imprisonment for up to 20 years and fine of not less than five times the amount or value of the gratification, or RM10,000, whichever is higher, if found guilty.

Tengku Adnan, also faced an alternative charge where in his capacity as the Minister of Federal Territories, to have received for himself RM1 million without consideration from Tan through a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd which was deposited into his account, despite knowing that Tan, who is a director at Nucleus Properties Sdn Bhd (now known as Paragon City Development Sdn Bhd) was concerned with his official function.

He was charged under Section 165 of the Penal Code for the offence and faced an imprisonment for up to two years or with fine, or both, if found guilty. — Bernama