Prosecutor seeks discharge not amounting to acquittal for Tengku Adnan in RM1m corruption trial, citing new developments

KUALA LUMPUR, Dec 7 — The Attorney General’s Chambers (AGC) has decided to stall Datuk Seri Tengku Adnan Tengku Mansor’s RM1 million corruption trial, citing new developments in the case, the High Court was told this morning.

Deputy Public Prosecutor Julia Ibrahim, who has been prosecuting the case since September 2018, requested that the courts grant Tengku Adnan a discharge not amounting to an acquittal, citing new developments related to a particular trial witness.

She said she had received instructions from higher-ups to seek a halt in the proceedings which have already reached the defence stage.

“There have been new developments that need to be investigated properly and the prosecution does not want to waste this honourable court’s time because we are unsure how long it will take to investigate the case.

Julia later added that the new developments concerned a witness who has already testified, and that investigations must be carried out before the trial can be allowed to continue.

“I cannot go into explicit details of what the developments are, but in brief, they concern several reports which were made to the Malaysian Anti-Corruption Commission (MACC) against the witness which we feel can bear implications for this case and the witness.

“Due to those reasons, we are appealing for the accused to be granted a discharge not amounting to an acquittal while the matter (of new developments) is sorted out,” she told High Court Judge Mohd Nazlan Mohd Ghazali.

Tengku Adnan’s lead defence counsel Datuk Tan Hock Chuan in response appealed to Mohd Nazlan that he instead grants his client an acquittal amounting to a discharge.

“This charge has been hanging over my client’s head for more than two years and it is unfair for an order of a discharge not amounting to an acquittal to be given as the charge will hang over my client’s head for an indefinite amount of time,” he said.

The proceedings are currently ongoing.

The 69-year-old Putrajaya MP is charged with corruptly receiving for himself RM1 million from businessman Datuk Tan Eng Boon, who had pleaded guilty to an alternative charge of abetting the politician and was fined RM1.5 million.

The money was allegedly deposited into Tengku Adnan’s CIMB Bank account as an inducement to assist the application by Nucleus Properties Sdn Bhd to increase the company’s plot ratio in regard to a development project on Lot 228, Jalan Semarak, Kuala Lumpur.

Tengku Adnan also faces an alternative charge, in his capacity as Federal Territories minister, of receiving for himself RM1 million from Tan via a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd which was deposited into his CIMB account, knowing that Tan, as a director of Nucleus Properties, had connections with his official duties.

The trial before Mohd Nazlan began on September 20 last year.

However, Tengku Adnan had filed an application to recuse Mohd Nazlan from hearing the case on grounds that the judge had read and considered the facts of the case of Tan.

Mohd Nazlan dismissed Tengku Adnan’s application, prompting him to file an appeal with the Court of Appeal.

The Court of Appeal in February this year ruled in favour of Tengku Adnan and ordered the trial to be heard before another judge on grounds that Mohd Nazlan might be biased.

On July 17, 2020 a three-member bench of the Federal Court, reversed the Court of Appeal order for Mohd Nazlan’s recusal to hear the trial and for the trial to be heard before another judge. The case therefore was remitted back before Mohd Nazlan.

Tengku Adnan was also charged of having received for himself a total of RM2 million from a businessman, Tan Sri Chai Kin Kong who is Aset Kayamas Sdn Bhd (AKSB) director and the trial before High Court Judge Mohamed Zaini Mazlan had completed and the court fixed December 21 for decision.