PUTRAJAYA (Jan 21): A three-member Court of Appeal bench on Tuesday dismissed an appeal by SHH Resources Holdings Bhd (KL:SHH) founder and managing director Datuk Teo Wee Cheng, who is facing nine counts of graft charges in relation to the Jana Wibawa project.

Teo sought to challenge the constitutionality of being required to submit his defence statement before his graft trial began.

The bench, led by Judge Datuk Ahmad Zaidi Ibrahim, unanimously dismissed Teo's appeal to challenge the constitutionality of Section 62 of the Malaysian Anti-Corruption Commission Act 2009, following a previous decision on the matter by the Federal Court.

Section 62 stipulates that such a defence statement that sets out in general terms the nature of the defence and the matters on which the accused takes issue with the prosecution, and why, must be furnished to the prosecution before the start of trial. The section also stipulates that any document that the defence wishes to tender as evidence be submitted as well.

"In following the doctrine of binding precedent as decided by the apex court, this court is bound to follow the ruling of a superior court," Judge Ahmad Zaidi said in dismissing the appeal.

The other members of the bench were Datuk Mohamed Zaini Mazlan and Datuk Ahmad Fairuz Zainol Abidin.

Datuk Tan Hock Chuan, who represented Teo, argued that the appellate court should allow Teo's appeal to challenge the constitutionality of Section 62 of the Malaysian Anti-Corruption Commission Act 2009, as it violated his client's right to remain silent.

However, deputy public prosecutor (DPP) Law Chin How, leading the prosecution, informed the bench that the Federal Court had already decided on this matter in the 2017 case of former Penang chief minister Lim Guan Eng.

Although the apex court did not provide grounds for its decision in Lim's case, Law argued that the appellate court was bound by the decision, following the principle of stare decisis (to stand by things that had been decided).

Teo, 66, pleaded not guilty at the Johor Bahru Sessions Court on Feb 22, 2023, to soliciting bribes totalling RM12.8 million and receiving RM1.5 million in connection with the Jana Wibawa programme.

He was accused of receiving bribes in exchange for helping Muar Usaha Bakti Sdn Bhd and TS Dynamic Construction Sdn Bhd procure contractors for various road upgrade and road construction projects in rural Johor from the government, allegedly by using his government connections.

He faces nine charges of soliciting and receiving bribes before the Sessions Court. Two are for soliciting bribes worth RM11.3 million, while the other seven charges are for receiving a total of RM1.5 million in bribes.

All nine charges were framed under Section 16(a)(a) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 and punishable under Section 24 of the same Act. Upon conviction, one can be jailed up to 20 years and fined not less than five times the amount of the bribe or RM10,000, whichever is higher.