Tengku Adnan will know on Oct 14 whether he is called to enter his defence or acquitted if the prosecution fails to establish a prima facie case.
Investigations by the Malaysian Anti-Corruption Commission (MACC) revealed that RM2 million received by Tengku Adnan Tengku Mansor from a businessman as a political donation did not go to Umno, the High Court was told today.
Deputy public prosecutor Julia Ibrahim said the money trail stopped at Tadmansori Holdings Sdn Bhd (THSB), in which the accused is a majority shareholder.
“There is no evidence that the RM2 million was transferred to the Umno headquarters or the party’s Kuala Kangsar or Sungai Besar divisions to be spent on by-elections then,” she said.
“We submit that the accused collected the money on the pretext of a political donation, but it went to benefit himself.”
She added that Aset Kayamas Sdn Bhd (AKSB) director Chai Kin Kong transferred the money to Tadmansori Holdings because of his 40-year friendship with Tengku Adnan.
“He took it as face value to give the money and did not bother to check whether it went to Umno or was spent on the (Kuala Kangsar and Sungai Besar parliamentary) by-elections then,” she said.
Julia said the accused also “cooked up” a receipt for RM2 million after he was arrested by MACC last year.
“The receipt was fabricated, and little weight should be given by this court,” she said.
Julia referred to the testimony MACC investigating officer (IO) Muhammad Saad Bordani that no sum of the said amount was ever channelled to UMNO’s account either by AKSB or THSB.
“According to the witness, he investigated Aset Kayamas and Tadmansori Holdings, and a search conducted on Umno proved there was no RM2 million transaction into Umno’s account and no receipt was ever found.
“If a receipt had indeed been issued in this case, a copy should have been submitted (to MACC) as required under Section 62 of the MACC Act,” she submitted at the end of the prosecution’s case before High Court Judge Mohamed Zaini Mazlan.
She said based on the testimony of fifth witness, THSB Accounting and Finance assistant manager Rabiatul Adawiyah Sobri, there was no transaction of RM2 million from THSB’s account to Umno’s account.
“This showed that the money was not meant for the by-elections in Sungai Besar, Selangor and Kuala Kangsar, Perak.
Julia said Tengku Adnan had the intention or knowledge of wrongdoing (mens rea) by allowing the RM2 million purportedly for political funds for the by-elections to be deposited into the account of his company (Tadmansori).
Earlier, Tengku Adnan’s counsel Datuk Tan Hock Chuan in his submission said there was no prima facie in the prosecution’s case.
He referred to Chai’s testimony in which the witness said Tengku Adnan did tell him about Umno’s need for about RM5 million to RM6 million in political funds for the by-elections.
Tengku Adnan is charged under Section 165 of the Penal Code which carries up to two years imprisonment or a fine or both, upon conviction.
Zaini has tentatively fixed Oct 14 to decide whether Tengku Adnan should enter his defence or be acquitted if the prosecution fails to establish a prima facie case.
“I will not rush to make a ruling and will digest the submissions before coming to a decision,” he said.
Related report: Oct 4, Tengku Adman’s Lawyer: RM2M Was for Umno to Fund By-Elections