Former mayor of Kuala Lumpur, Tan Sri Mhd Amin Nordin Abd Aziz told the High Court that he received two letters containing ‘directives’ from former Federal Territories minister Datuk Seri Tengku Adnan Tengku Mansor.
The letters pertained to the sale of land to a developer, Aset Kayamas Sdn Bhd.
The seventh prosecution witness in the RM2 million bribery trial involving Tengku Adnan said both letters dated Aug 26, 2015, and Feb 3, 2016, from Aset Kayamas, were appeals for land price discount and to withhold the 10 per cent initial payment.
“Two plots of land in Bandar Tun Razak were sold to Aset Kayamas before I took over as mayor. The sale was approved by the minister.
“The minister had written a note on the top right asking me to consider their application on postponing the payment,” Amin said.
Amin said DBKL then allowed Aset Kayamas to delay the first 10% payment of RM2.36 million until December 2015.
He added they could not decide on the company’s application in asking to reduce the land prices because the issue came under the finance ministry’s Valuation and Property Services Department (JPPH).
Amin said another similar application to postpone payment and reduce the percentage payment for land prices by Aset Kayamas was made in a Feb 3, 2016 letter. Tengku Adnan also attached a note to the letter, he added.
“We agreed to the request to postpone the payment until July 2016 and reduce the percentage from 20% to 10%,” he added.
Amin added that whenever Tengku Adnan gave him instructions, he had to obey the orders as he was the minister.
When asked by Tengku Adnan’s lawyer Tan Hock Chuan on whether he was aware that the minister had asked him to consider postponing the payment because Aset Kayamas had appealed to the finance ministry to reduce the land prices, Amin said he was aware of the appeal.
“In this case, we agreed to what the minister had decided,” he added.
Tan also asked Amin whether he, as a mayor, had the power to decide on issues related to land under the Local Government Act.
In response, Amin told the court he was not well versed with the law.
“Maybe the mayor has the power but I did not dare make such decisions,” he said.
Amin, who resigned in September last year, also identified Aset Kayamas’ director Chai Kin Kong and group general manager Lee Chan Kuen when both men appeared before the court.
Tengku Adnan, popularly known as Ku Nan, has been accused of receiving RM2 million from Chai despite knowing that the businessman’s companies had dealings with the federal territories ministry, which was under him at the time.
The offence was allegedly committed at the Pusat Bandar Damansara CIMB bank branch here on June 14, 2016.
The charge was framed under Section 165 of the Penal Code, under which it is an offence for a public servant to obtain anything valuable.
Those found guilty can be jailed for up to two years and fined.
Earlier, Tadmansori Holdings Sdn Bhd (THSB) chief operating officer Datuk Mohd Hasbi Jaafar told the High Court that Tengku Adnan was the biggest shareholder in the company with 99.99 million shares.
Hasbi, 55, when reading out his witness statement said as Tengku Adnan was the company’s biggest shareholder, he was the decision maker and have the rights in terms of company operations and control over the company’s finances.
The sixth prosecution witness, who has served THSB for 24 years since 1995, also said that the company’s decision would be jointly made by Tengku Adnan and another THSB shareholder, Datuk Dr Tengku Rethwan Tengku Mansor.
Much earlier, THSB’s account and finance department assistant manager Rabiatul Adawiyah Sobri, 32, when reading out her witness statement confirmed that RM2 million had been deposited into the company’s account from Tengku Adnan.
She also said Aset Kayamas had no business dealings with THSB even though the latter company received an RM2 million cheque on Tengku Adnan’s behalf in 2016.
“Regarding Aset Kayamas Sdn Bhd, I confirm that Tadmansori Holdings Sdn Bhd does not have any business dealings with that company,” she testified.
Rabiatul added that she had recorded the RM2 million deposit into THSB in an accounting document called a journal voucher dated June 30, 2016.
In the journal voucher that she had prepared, Rabiatul said she had recorded the RM2 million as a payment to THSB by Tengku Adnan as the company’s shareholder.
Rabiatul also referred to a general ledger for 2016 which recorded money that came in and out during that year for THSB, explaining that she recorded the RM2 million as Tengku Adnan’s payment to offset his “debt” from cash advances to him from the company.
“It means in 2016, the shareholder has debt to company, so when there is money that came in, we will reduce the money owed to the company. We offset the shareholder’s account to the company,” she said.
She acknowledged that Tengku Adnan had both loaned money to THSB, and borrowed money from the company.
Under questioning from Tan, Rabiatul confirmed that both the June 2016 journal voucher and the 2016 general ledger did not record the RM2 million as payment by Aset Kayamas.
She added that any arrangement that Tengku Adnan had with third parties is not within her knowledge.
Hasbri told the court that Tengku Adnan had informed him that the RM2 million cheque was a “political donation” for two by-elections held on June 18, 2016.
Hasbri had said THSB’s accounting treatment for the RM2 million was to categorise it as a cash advance from Tengku Adnan to the company.
He had acknowledged that he was aware that Tengku Adnan had made cash advances to Umno due to his high-ranking party positions for the management of Umno’s party affairs, including for by-elections and the salaries of Umno staff.
Rabiatul said: “I confirm that once the RM2 million being deposited into the THSB account, I did not receive instructions from Datuk Hasbi to withdraw the money or to make payments from THSB’s account to UMNO’s account.
“I also confirm that during my tenure in THSB, there has never been any withdrawal or payment from THSB’s account to UMNO’s account. Any withdrawal to be made by the company to another account has to be directed by Datuk Hasbi.”
During the cross-examination by Tan, Rabiatul agreed that in the journal voucher and general ledger, the RM2 million was not recorded as the payment from Aset Kayamas.
The fifth prosecution witness also agreed with the lawyer that the RM2 million cheque had no connection with a third party.