KUALA LUMPUR (July 28): The company which had secured a contract worth about RM141 million to build the Klang Utara police headquarters had never made any donations to any political organisation before, until it procured the deal under the Jana Wibawa programme.

Testifying in former prime minister Tan Sri Muhyiddin Yassin’s corruption trial, Lian Tan Chuan, 54, who had financed Nepturis Sdn Bhd at the time, said that he would not have made the RM1 million contribution (sumbangan) if the company had failed to land the contract.

"If [Nepturis] had not succeeded in being awarded the Klang Utara IPD project, I would not have made any contribution to [Parti Pribumi Bersatu Malaysia — Bersatu]. This contribution was the first time [Nepturis] had ever made a donation to a political party. Previously, the company had never contributed to any political party," Lian said on Tuesday.

The 21st prosecution witness added that he made the contribution because Datuk Azman Yusoff — who was then-president of the Bumiputera Contractors Association and a board member of the Construction Industry Development Board — had requested him to do so.

"Furthermore, I was aware that [Nepturis] had been awarded the project under Jana Wibawa through an application letter that was supported by [Muhyiddin], who at that time was the prime minister of Malaysia and president of [Bersatu].

"I believe that if my company’s application letter had not been supported by [Muhyiddin] and processed by the Prime Minister’s Office, my company would certainly not have succeeded in passing the evaluation process at the Ministry of Finance (MOF) and subsequently been awarded the project by the Public Works Department," Lian said.

The witness, better known as TC Lian, added :  "Based on my past experience, I had several times submitted letters of intent or project applications to the MOF; but none were considered and no response was given," he said.

The court took note of defence counsel Datuk Hisyam Teh Poh Teik's objection to this portion of Lian's testimony, on the grounds that these were conclusions which the court has to arrive at.

On the stand, Lian said that Muhyiddin had minuted the application letter addressed to the then-PM in February 2021.

Lian testified that he had sent more than one application letter through then-Bersatu leader Adam Radlan Adam Muhammad.

Nepturis secured the project on Jan 12, 2022, via a letter of acceptance (surat setuju terima or SST), and the RM1 million was transferred to Bersatu the following month.

Answering deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin's additional questions on Tuesday, Lian said that he made the payment to Bersatu, despite no incoming payments for the secured project, because that was the arrangement with Azman.

Wan Shaharuddin: Even when the SST can be cancelled, you still dare to make the payment?

Lian: Because there is already an understanding with Azman, when we get the SST, we have to pay (buat bayaran).

The witness said that RM1 million was a huge sum, as it could be channelled into conducting projects instead.

When asked what was the difference between a donation and a reward, Lian clarified that a donation is voluntary in nature, whereas a reward carries an expectation tied to performance.

When asked about the nature of "donations" to Bersatu, Lian answered: "I think it is a reward (balasan). A token of appreciation for what has been done". 

On Tuesday, the witness confirmed that he did not know Muhyiddin personally, and that he only knew of the then-PM as a political figure.

Lian also testified that he had learned of the Jana Wibawa programme from Azman in mid-2020.

"Azman also said that any company that wanted to apply for projects under the programme must obtain support from the [then PM] Muhyiddin," he said.

According to Lian, Azman then introduced him to then-Bersatu leader Adam Radlan, whom Azman said was Muhyiddin's "close friend" who could also assist in landing projects under Jana Wibawa.

"Azman told me that Adam frequently golfs with [Muhyiddin], and it is based on this that I was confident that Adam could help me get projects under Jana Wibawa," he said.

Lian added that Adam confirmed this later when they met in December 2020.

Lian then passed five application letters dated Feb 1, 2021, for five separate companies — Nepturis, Fastcoll Corporation Sdn Bhd, MZ Hakujaya Sdn Bhd, Permata Rebana Sdn Bhd, and JM Letrik Sdn Bhd — to Adam.

"A few days later, Adam informed me that [Muhyiddin] had minuted his support on my company’s project application letter. I believe that [the] letter minuted by a PM is something valuable and difficult to obtain, unless it comes through someone influential and close to the PM himself," Lian said.

It has to be noted that defence counsel Datuk Amer Hamzah Arshad took objection to these portions of Lian's statement as hearsay.

Last August, Adam was acquitted of all 12 charges of corruption and money laundering against him in relation to the Jana Wibawa programme.

Lian had financed Nepturis through his company, Metrasys Sdn Bhd. He also confirmed that Nepturis managing director Mohd Rizman Akum Khan and company director Aliza Abd Malek held a 35% stake each in the company, while Lian held 30% through his company.

Both Rizman and Aliza have previously testified in the trial.

Lian also confirmed that to date, 98% of the police headquarters has been completed.

Besides this contract, the witness said that Nepturis had also secured another project awarded through a pre-qualification tender.

Lian confirmed that the project was the Central Spine Road Project: Sertik to the East Coast Highway Interchange.

In this trial, Muhyiddin, who turns 79 this year, is facing seven charges — four counts of abuse of power involving RM225.3 million in alleged gratification, and three counts of money laundering involving RM200 million. He is accused of receiving bribes from Azman and three companies — including Nepturis and Mamfor — allegedly for the benefit of his political party, Bersatu.

The trial before judge Noor Ruwena Md Nurdin continues on Wednesday.

Read also:
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Bersatu’s Adam Radlan acquitted of corruption and money laundering after paying compound
Muhyiddin graft trial: Company MD says unsure why RM1 mil cheque issued to Bersatu
Jana Wibawa trial: Bumi partners only a front for real power behind contractor Nepturis, claims witness