The RM1 million corruption trial involving Datuk Seri Tengku Adnan Tengku Mansor commenced today after Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali dismissed the defence team’s application for him to recuse himself from presiding the case.
Justice Nazlan, in a brief written judgment, said that there was no credible evidence to show that the former Federal Territories minister would not receive a fair trial.
He said Tengku Adnan had failed to show that he (the judge) would be biased.
“The circumstances of this case and the basis of the application, the assertion of the applicant that I may be influenced by the facts of the case or by the guilty plea of Datuk Tan Eng Boon or of the sentence against him to the detriment of the applicant is not sustainable.
“It is the duty of the court to ensure a fair trial based on clear evidence. There is no basis to the contention of the real danger of bias. This application is without merit. Therefore, I dismiss the application,” he said adding that the trial to commence immediately.
Earlier, lead defence lawyer Datuk Tan Hock Chuan submitted that his client was genuinely concerned that he would not get a fair trial in this court as the judge will believe Tan’s testimony.
“Tan pleaded guilty, he will be a key witness for the prosecution. My client is concerned that your lordship will believe Tan as he is not an ordinary witness, but a very important one for the prosecution,” he said.
Deputy public prosecutor Julia Ibrahim, however, objected, saying that the accused failed to explain the ‘real danger of bias’ in his affidavit.
After the judge dismissed the application, the counsel told the court that he had received instructions from his client to file an appeal to stay the trial, but Nazlan denied the stay application.
“As per Federal Court ruling, a trial cannot be adjourned when it is a public interest case,” Nazlan said, adding that such cases must be disposed of expeditiously.
“We shall proceed with the trial,” he added.
The hearing started with Tengku Adnan, better known as Ku Nan, having his amended charge read to him by the court interpreter.
It is understood that the prosecution had made amendments to the charge sheet.
Currently, it reads that Tengku Adnan is being charged with receiving RM1 million in gratification from Nucleus Properties Sdn Bhd director Tan Eng Boon for helping the company obtain approval from the Kuala Lumpur City Hall (DBKL) to increase the plot ratio relating to a development project along Jalan Semarak.
The initial charge sheet had stated that Tengku Adnan had approved the company’s application.
Hock Chuan, however, was not satisfied with the amendment.
He asked to have the hearing stood down, citing that the defence should be given ample time to prepare for the amended charge.
However, his request was rejected by Nazlan, who told the defence that they would have ample time to prepare later as the prosecution was only calling formal witnesses to testify on the first day.
Julia then proceeded by reading the prosecution’s opening statement, which said, among others, that it aimed to prove that Tengku Adnan had received RM1 million as gratification from Nucleus Property for his assistance in securing DBKL’s approval.
“There were several applications and appeals made by Nucleus Properties Sdn Bhd to the City Planning Department of DBKL to increase the plot ratio up to 1:7. However, these had been rejected by DBKL.
“Evidence will show that the accused had assisted Nucleus Properties Sdn Bhd to secure approval for its application. The assistance given by the accused was through his links to other related agencies and urban development connections, as well as through letters signed by the accused since he became the Putrajaya MP and as the federal territories minister,” said Julia.
Nucleus Properties is now known as Paragon City Development Sdn Bhd.
According to the opening statement, the company’s application had been approved through a special meeting on Oct 30, 2013, which was chaired by Tengku Adnan as federal territories minister at the time.
During the hearing, first prosecution witness Daman Huri Nor, who is a division secretary for constitutional and parliamentary matters in the Prime Minister’s Department, testified that Tengku Adnan earned a salary of about RM14,000 and allowances of RM24,000 a month since he became the minister in 2013 until last year.
He also told the court that the accused’s salaries were paid by the ministry, and that this was not Tengku Adnan’s first appointment into the cabinet.
He had also previously been appointed as the Minister in the Prime Minister’s Department and Tourism Minister.
The second prosecution witness is an assistant registrar for companies and businesses at the Companies Commission.
The officer, Muhamad Akmaludin Abdullah, testified that Tan Eng Boon was the director and officer of three companies, namely Nipponkey Sdn Bhd, Paragon City Development Sdn Bhd, and Syarikat Pekan Nenas Sdn Bhd.
During the defence’s cross-examination on Akmaludin, Hock Chuan had requested for the witness to bring documents kept by the commission on four companies, namely Common Development (M) Sdn Bhd, Detas Plantations Sdn Bhd, Detas Holdings Sdn Bhd, and Syarikat Keratong Jaya.
“These four companies which I asked information on are central to the case, my lordship,” Hock Chuan said to Nazlan.
He then told the court that he would have to reserve his further cross-examination until the documents are ready.
Before the court was adjourned for the day, as Hock Chuan requested for an early adjournment as he has to catch a flight, the counsel and Nazlan also discussed on future dates for the trial.
They then agreed for the next days of hearing to be set on: Jan 2 and 3, Feb 18 to 20, March 16 to 19 and 31, April 1 and 2.
Related reports:
Sept 19, Ku Nan Applies to Disqualify Judge, Delays Graft Trial
Sept 17, Tycoon Accused of Bring Ku Nan Now Pleads Guilty to Abetment, Fined RM1.5M