Ku Nan trial: RM2m donation made in 2016, but receipt from 2018 receipt book, says witness

19 Jul 2019 / 21:18 H.

KUALA LUMPUR: The High Court here today was told that a receipt handed over by Datuk Seri Tengku Adnan Tengku Mansor to Aset Kayamas Sdn Bhd managing director Tan Sri Chai Kin Kong is believed to have been issued from an official receipt book used in 2018, although the donation itself was made in 2016.

This is based on the sequence of the receipt numbers on an Umno official receipt book,

Malaysian Anti-Corruption Commission (MACC) assistant enforcement officer Nik Muhamad Faiez Idris said this when testifying on the 10th day of the RM2 million corruption trial involving Tengku Adnan, the former Federal Territories Minister.

“Can you inform the court what is the date on receipt 376241 (the RM2 million payment receipt),” asked deputy public prosecutor Julia Ibrahim.

“The date is June 14, 2016,“ Nik Muhamad Faiez replied.

Julia: Can you tell the court what is the date on receipt 376240 before receipt 376241?

Nik Muhamad Faiez: Receipt 376240 is dated Nov 12, 2018.

Julia: And what is the date for receipt 376242?

Nik Muhamad Faiez: The receipt is dated Nov 16, 2018.

Nik Muhamad Faiez, 27, who has been with MACC since Dec 1 2016, also testified that there was no duplicate copy in the receipt book for the RM2 million payment.

The 20th witness said he had checked Umno’s official receipt books handed over by a finance officer at the Umno headquarters by the name of Farahdzilla, and found a book bearing the same receipt number (376241) as the one involved in this case,before seizing it.

Earlier, Nik Muhamad Faiez said together with another MACC officer, Mohd Afzal Tiyasin, he had gone to the Umno headquarters in Putra World Trade Centre at 10am yesterday (July 18) to obtain the receipt book after being instructed by MACC investigating officer Mohd Saad Bordani to do so.

Asked by Julia what was the receipt book linked to, he replied: “It is connected to the RM2 million and the serial number of the receipt in the book.”

He said after arriving at the Umno headquarters, they met Farahdzilla and asked for her cooperation to produce all of the Umno official receipt books, which she duly did.

At the start of proceedings, Judge Zaini Mazlan had allowed the prosecution to call in an additional witness (Nik Muhamad Faiez) to testify following the revelation of the receipt in court two days ago.

“The court cannot stop the prosecution from calling new witnesses. In relation to continuation on Aug 1 and Aug 2, the defence will have ample time to examine the receipt before continuing with their cross-examination,“ the judge said.

Earlier, Julia in her submission said the prosecution decided to call Nik Muhamad Faiez only after learning about the receipt on July 17, and therefore the submission of the document in court at the eleventh hour was done in good faith.

Lawyer Datuk Tan Hock Chuan, representing Tengku Adnan, submitted that the purpose of Section 51A of the Criminal Procedure Code (CPC) is to ensure the fairness of a trial and ultimately uphold the very integrity of the courts in its administration of criminal justice.

“The prosecution proposes to commence the examination-in-chief of SP20 (Nik Muhamad Faiez) before the accused is given reasonable time to examine the new document and this is totally unfair and goes against the spirit of Section 51A of the CPC,” he said.

Tengku Adnan was charged in his capacity as a public servant, namely, Federal Territories Minister, to have accepted for himself RM2 million from Chai Kin Kong via a Hong Leong Islamic Bank cheque belonging to Aset Kayamas Sdn Bhd which was deposited into the CIMB Bank account of Tadmansori Holding Sdn Bhd in which he had an interest, when it was known that Aset Kayamas had connection with his official duties.

The offence was allegedly committed at CIMB Bank Berhad, Pusat Bandar Damansara Branch here on June 14, 2016.

The charge was framed under Section 165 of the Penal Code, which provides for a jail term of up to two years or fine or both, on conviction.

The trial continues on Aug 1. — Bernama

email blast