KUALA LUMPUR, Sept 17 — Datuk Tan Eng Boon was today let off with a fine of RM1.5 million after pleading guilty to an alternative charge of abetting Datuk Seri Tengku Adnan Tengku Mansor to solicit a bribe of RM1 million.
The businessman also agreed to testify as a prosecution witness in the upcoming corruption trial of the former Federal Territories minister in exchange for escaping a jail sentence.
High Court judge Mohd Nazlan Mohd Ghazali delivered the sentence after taking into account a plea bargain between the prosecutor and Tan, which led the accused to plead guilty.
“In the aim to achieve a sentence that as closely as possible reflects the key objective of sentencing policy, which are of prevention and deterrence, but also retribution and reformation, and especially taking into account the agreement of the parties in the plea bargain process which preceded the guilty plea.
“In my judgement, a sentence appropriate and proportionate to the plea of guilty made by the accused Datuk Tan Eng Boon under Section 165 of the Penal Code, read together with Section 109, considering the particulars concerning the case is a fine of RM1.5 million, in default of which is imprisonment of a year; payment of which to be paid by tomorrow,” said Mohd Nazlan.
Mohd Nazlan said he considered mitigating factors such as this being Tan’s first conviction and his early guilty plea before deciding on the fine instead of a custodial sentence.
The judge was nevertheless emphatic that bribery remained a major harm to society.
“It cannot, however, be emphasised enough that corruption is a very serious crime.
“It undermines the social and economic development of the country and adversely affects the fabric of society,” he said.
Deputy Public Prosecutor Julia Ibrahim told reporters later that the accused made several requests in his plea bargain, one of which was that his punishment would exclude a jail sentence.
Julia added that in exchange, Tan agreed to change his plea and to testify as a prosecution witness in Tengku Adnan’s corruption trial that is set to begin this Thursday.
The plea bargain took place in closed court on camera. Reporters were not allowed entry.
Julia also confirmed Tan’s RM700,000 bail bond would be released to his bailor when he completes the payment of his fine.
She later explained that the prosecution had recommended a fine ranging from RM700,000 and RM1.5 million for the sentence.
“Yes, he went for the maximum,” she said.
Last month, Mohd Nazlan had granted the prosecution’s request for Tan and Tengku Adnan to be jointly tried.
