KUALA LUMPUR (June 25): Rostam Shahrif Tami, an executive at Projek Lintasan Kota Holdings Sdn Bhd, was fined RM100,000 by the Sessions Court here for the alternative charge of failing to report a bribe he received two years ago.
Sessions Court judge Rosli Ahmad handed down the maximum fine to Rostam, 59, after he pleaded guilty to an alternative charge linked to the award of work packages for the Sungai Besi-Ulu Kelang Elevated Expressway (Suke) project.
“After going through the facts of the case, your plea, the prosecution’s aggravating factors and weighing public interest, I will fine you RM100,000 in default 10 months’ jail,” he said in his judgement.
Rostam, a chief operating officer at the company also known as Prolintas, is affiliated with Turnpike Synergy Sdn Bhd in charge of the construction of Suke.
The alternative charge was offered after the Attorney General’s Chambers accepted Rostam’s representations submitted last month.
The charge
Rostam was charged with failing to report to the Malaysian Anti-Corruption Commission (MACC) that Rosman Alias, on behalf of Satunas Technologies Sdn Bhd, had given him RM90,000 as a kickback to award the company a contract.
The offence was committed at Bayou Diner Restaurant 51 in Puchong on Feb 20, 2023.
Rosli said he found Rostam, who stood in the dock, guilty as charged under Section 25(1) of the MACC Act.
Section 25 (1) of the MACC Act states that:
“Any person to whom any gratification is given, promised, or offered, in contravention of any provision of this Act shall report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the Commission or police officer.”
The offence is punishable with a fine not exceeding RM100,000 or imprisonment for a term not exceeding ten years, or both.
The judge also ordered the seized funds linked to the offence, amounting to over RM1 million, including RM114,000 in bonds for seven luxury watches and two cars, as well as RM180,000 in Rostam’s Tabung Haji account, to be forfeited to the government.
Rostam's lawyer Tan Sri Dzulkifli Ahmad pleaded in mitigation that his client, a father of five children, be spared a jail term and instead be punished with the maximum fine.
"He has worked at Prolintas since 1998 and after his arrest and remand, the company had suspended him from work until today,” said Dzulkifli. “This is already a punishment for him.”
Dzulkifli noted that this was Rostam’s first offence and he was remorseful, with his client agreeing to have the seizures forfeited to the government as a sign of regret and to have a lighter sentence.
Deputy public prosecutor (DPP) Nor Diana Nor Azwa, meanwhile, called for the maximum fine and imprisonment be imposed on Rostam.
Investigation findings
Authorities found that Satunas Technologies chairman Datuk Ahmad Fauzi and Mohd Rosman Alias from the Malaysian Highway Authority had approached Rostam in November 2022, expressing the company’s interest in becoming a step-in contractor for the Suke project.
Satunas Technologies was given the letter of award as a step-in contractor in January 2023.
After the award, Rostam solicited a bribe of RM100,000 from Ahmad via Rosman.
Satunas Technology owner Azmi Abdul Hamid provided RM80,000 as “consultant fees” while Ahmad came up with RM20,000 from his own savings. Rostam was handed RM90,000 at the Bayou Diner in Puchong while Rosman retained the remaining RM10,000.
In March and April 2023 respectively, Rostam had asked for more money from Satunas Technologies after he signed a new work instruction for them and after Satunas had filed a claim submission. Rostam had asked for his “share”.
Rosman then handed Rostam RM20,000 at the Malaysian Highway Authority carpark and RM70,000 near Prolintas' headquarters.
Rostam used and disposed of the corruption proceeds for his personal use, including the purchase of seven luxury watches, two cars registered under his daughter’s name, which were all seized by the MACC.
Investigations revealed that on Jan 27, 2023, Rostam had also deposited RM180,000 into his Tabung Haji account, which monies were received in cash from Ku Haris Ku Mahmud, the owner of Syarikat Muhibbah Perniagaan & Pembinaan.