This article first appeared in The Edge Malaysia Weekly on March 9, 2020 - March 15, 2020
WAS the RM2 million given by developer Aset Kayamas Bhd to former federal territories (FT) minister Datuk Seri Tengku Adnan Tengku Mansor a political donation or a bribe?
The answer has yet to be determined but after hearing the testimony of 23 prosecution witnesses, including from Kuala Lumpur City Hall (DBKL), Adnan’s private firm Tadmansori Holdings Sdn Bhd and Aset Kayamas chairman Tan Sri Chai Kin Kong, High Court judge Mohamed Zaini Mazlan ordered the Putrajaya member of parliament to enter his defence.
Ku Nan, as he is better known, has been charged under Section 165 of the Penal Code with accepting something valuable as a public officer, which was against his principal duty, on June 14, 2016 when he was the FT minister.
Central to the issue was the sale of two lots of DBKL land in Bandar Tun Razak to Aset Kayamas, where the developer intended to build a 41-floor low-cost apartment with 427 units and an eight-storey car park and other facilities in the first phase.
A 41-storey apartment with 632 units was to be built under the second phase, and a hostel for the City Hall training centre, in the final phase.
Former Kuala Lumpur mayor Tan Sri Mohd Amin Nordin Abdul Aziz testified last July that the mayor may be empowered by law to decide on DBKL land sale matters, but would not go against the FT minister’s “suggestion” on such matters.
He said he had forwarded two Aset Kayamas letters in relation to the sale of the two plots of DBKL land to Ku Nan — the first dated Aug 26, 2015 — in which the developer appealed for a discount on the price of the land, and also for a postponement on the payment of the 10% down payment for the two lots.
Amin said Ku Nan made a note on the letter, “Mayor, please postpone 10% payment for three months” and that DBKL later approved the request based on the minister’s “suggestion”.
Aset Kayamas then sent the second letter dated Feb 3, 2016 to Ku Nan, asking for another payment postponement and a reduction in a proposed increase in the sale price. Again, Ku Nan made a note on the letter agreeing to the deferment and the reduction.
Receipt produced in court
During the trial, Chai produced a receipt from Umno to his company that he had not previouslyrevealed to Malaysian Anti-Corruption Commission (MACC) officers. He claimed the receipt was for the RM2 million political donation byAset Kayamas for the Sungai Besar and Kuala Kangsar by-elections in 2016 following the deaths of the elected representatives in a helicopter crash.
Following the revelation, the MACC seized Umno’s receipt books. Last week, deputy public prosecutor Julia Ibrahim suggested Umno’s receipt to Aset Kayamas was manufactured as the first receipt in one of the books, with the serial number 376201, was dated Aug 24, 2017, while a receipt with the serial number 376241 was dated June 14, 2016 and the next receipt 376242 dated Nov 16, 2018.
Ku Nan disagreed with the prosecution’s suggestion of an anomaly and said he “never forged things”.
Interestingly, Tadmansori’s assistant manager for accounting and finance, Rabiatul Adawiyah Sobri, told the court that she had not received any instruction to transfer RM2 million to Umno.
In ordering Ku Nan to enter his defence last October, High Court judge Zaini said a prima facie case had been made out against him because even though Chai had produced a receipt, the court had to scrutinise the mysterious circumstances surrounding its issuance since the prosecution had shown that no payment was made by Tadmansori to Umno.
“I had analysed and considered the testimonies from Chai and MACC investigating officer Muhammad Saad Bordani. I therefore hold that the receipt is not evidence that Umno had received the RM2 million from Aset Kayamas.
“It is proven that the accused owns Tadmansori, being the largest shareholder. Evidence also shows that the accused is the decision maker. He is the alter ego [of the company]. The prosecution has also managed to establish there was no payment made [by] Tadmansori to Umno and evidence shows Tadmansori has never had any dealings with Umno.
“The court is inclined to believe that the RM2 million benefited the accused and that it was received without valuable consideration, which therefore fulfils one of the elements in the prosecution’s case,” the judge ruled.
The court also found that three elements to the charge were proven, namely Ku Nan was a public servant, Aset Kayamas had no business dealings with Tadmansori and the accused knew Chai in connection with his function.
“Furthermore, Aset Kayamas had dealings with DBKL in the sale and development of the KL land. This shows the accused was involved in the matter from its inception,” the judge added.
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