KUALA LUMPUR (March 9): Hundreds of millions of ringgit linked to government projects went into accounts belonging to Bersatu, the prosecution said on Monday at the start of the trial of Tan Sri Muhyiddin Yassin.
In the opening statement, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin acknowledged that the money at the centre of the case did not enter the former prime minister’s personal accounts. Instead, he said, the funds were deposited into accounts belonging to Bersatu.
“At the material time, the accused was the president of Bersatu and also the prime minister of Malaysia, and he had an indirect interest in the Jana Wibawa projects,” he told the court.
Jana Wibawa, a programme formally known as Jana Ekonomi Empowerment of Bumiputera Contractors, was announced under the Muhyiddin administration to pump-prime the economy during the Covid-19 pandemic
The programme was meant to help Bumiputera contractors by speeding up implementation of government projects. However, the prosecution charged that bribes totalling RM232.5 million related to Jana Wibawa projects allegedly went to Bersatu from three companies.
Appearing for the Malaysian Anti-Corruption Commission, Wan Shaharuddin said the alleged contributions to Bersatu would not have occurred without Muhyiddin holding the positions of prime minister and party president simultaneously.
“The evidence will show that if the accused had not been the president of Bersatu and at the same time the prime minister, Bersatu would not have received millions of ringgit in contributions,” he said.
Wan Shaharuddin, who was recently transferred to the Attorney General’s Chambers as the deputy head II of the Appellate and Trial Division, told the High Court that the prosecution will rely on documentary evidence, direct testimony and circumstantial evidence to establish its case.
The prosecution expects to call about 30 witnesses during the trial, he said before judge Noor Ruwena Md Nurdin.
The prosecution will show that Tengku Datuk Seri Zafrul Abdul Aziz, the finance minister at the time who was not charged with any crime, acted based on minutes issued by Muhyiddin.
“The finance minister acted based on the minutes by the accused, and the minister did not receive any benefit from making those decisions,” he said.
The charges
Muhyiddin, 78, was charged with four counts of using his position to obtain bribes totalling RM232.5 million in relation to the Jana Wibawa project from three companies, namely Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd, as well as Datuk Azman Yusoff for the party.
The offence was allegedly committed at the Prime Minister's Office, Bangunan Perdana Putra in Putrajaya between March 1, 2020 and Aug 20, 2021.
The Pagoh member of Parliament was charged under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009, which is punishable under Section 24(1) of the same law. The Section provides imprisonment for up to 20 years and a fine of not less than five times the amount or value of the bribe, or RM10,000, whichever is higher, if convicted.
He also faces three counts of receiving proceeds from illegal activities totalling RM200 million from Bukhary Equity Sdn Bhd, which were deposited into Bersatu's AmBank and CIMB Bank accounts at the bank's branches in Petaling Jaya and Kuala Lumpur between February 2021 and July 2022.
The charge was made under Section 4(1)(b) read with Section 87(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
If found guilty, he could be jailed for up to 15 years, and is also liable to a fine of not less than five times the amount or value of the proceeds from illegal activities or RM5 million, whichever is higher, upon conviction.