The Kuala Lumpur High Court, in former federal territories minister Tengku Adnan Tengku Mansor’s RM2 million corruption case today, ruled that there was no evidence to prove Umno has received RM2 million from Aset Kayamas Sdn Bhd.
Judge Mohamed Zaini Mazlan was also inclined to hold that the RM2 million benefited the accused (Tengku Adnan) and that it was received without valuable consideration.
“The RM2 million given by the latter (Aset Kayamas) was paid to Tadmansori Holdings Sdn Bhd, and the trail ended there. There was no corresponding this payment made to Umno from Tadmansori Holdings’s account,” he said.
The judge said that the receipt alone could not be proof that Umno has received RM2 million from Aset Kayamas.
“The fact that this receipt was signed by the accused himself has not escaped my observation. I have also analysed and considered the testimonies of Chai Kin Kong (Aset Kayamas managing director and the 19th prosecution witness) and the investigating officer Muhammad Saad Bordani (the 23rd prosecution witness).
“I, therefore, hold that the receipt is not evidence that Umno had received RM2 million from Aset Kayamas,” he said.
Zaini said Tengku Adnan owns Tadmansori Holdings, being the largest shareholder and evidence also show that the accused runs the company and is the primary decision-maker.
“He is basically the alter ego of the company,” the judge said.
Zaini said that Aset Kayamas had no business dealings with Tadmansori Holdings but there was no dispute Aset Kayamas had paid RM2 million to Tadmansori Holdings.
“I also find that there is no evidence to show that Aset Kayamas, the giver, had received any consideration for RM2 million that it gave,” he said.
Zaini said the evidence clearly showed that Tengku Adnan knew that Aset Kayamas had dealings with Kuala Lumpur City Hall (DBKL) in his official capacity as the federal territories minister.
“The dealings were pertaining to the sale and development of the DBKL land. The testimonies of the witnesses and documentary evidence clearly show that the accused was involved from inception,” he said.
The judge said he had given the evidence adduced by the prosecution the maximum evaluation.
“I am satisfied that the prosecution has made out a prima facie case by adducing credible evidence to prove each ingredient of the offence under Section 165 of the Penal Code, which if unrebutted or unexplained would warrant a conviction. I, therefore, call upon the accused to enter his defence,” said the judge.
According to the charge sheet, Tengku Adnan as a public servant, namely, the then Federal Territories Minister, had accepted for himself RM2 million from Chai via a Hong Leong Islamic Bank cheque belonging to Aset Kayamas Sdn Bhd which was later deposited into the CIMB Bank account of Tadmansori Holdings Sdn Bhd in which he had an interest, when it was known that Aset Kayamas had connection with his official duties.
He is alleged to have committed the offence at CIMB Bank Bhd, Pusat Bandar Damansara Branch on June 14, 2016.
The charge, framed under Section 165 of the Penal Code, provides for a jail term of up to two years or fine or both, if convicted.
Tengku Adnan was represented by lawyer Tan Hock Chuan while deputy public prosecutor Julia Ibrahim prosecuted.