Ku Nan’s RM2m corruption conviction quashed
The Court of Appeal overturned the RM2 million corruption conviction against former federal territories minister Tengku Adnan Tengku Mansor.
The three-person bench, in a majority 2-1 decision, allowed Adnan’s appeal during open court proceedings this morning.
The majority decision, by panel chairperson Suraya Othman and panel member Ahmad Nasfy Yasin, allowed the appeal, ruling that...
The Court of Appeal overturned the RM2 million corruption conviction against former federal territories minister Tengku Adnan Tengku Mansor.
The three-person bench, in a majority 2-1 decision, allowed Adnan’s appeal during open court proceedings this morning.
The majority decision, by panel chairperson Suraya Othman and panel member Ahmad Nasfy Yasin, allowed the appeal, ruling that the RM2 million was for political donation for two by-elections.
The dissenting ruling was given by panel member Abu Bakar Jais.
Bernama reported that today was fixed for the decision on the appeal.
On Dec 21 last year, the High Court in Kuala Lumpur found the Putrajaya MP guilty in the RM2 million graft case.
Judge Mohamed Zaini Mazlan had then meted out the 12-month jail sentence and RM2 million fine against the Umno lawmaker.
However, the court allowed the defendant’s application for a stay of execution of the jail term and fine, pending the disposal of Adnan’s appeal to the Court of Appeal.
According to the charge, Adnan, in his capacity as a public servant, namely as then federal territories minister, was accused of having accepted for himself RM2 million from Chai Kin Kong, who is the director of Aset Kayamas Sdn Bhd, via a Hong Leong Islamic Bank cheque belonging to Aset Kayamas.
The cheque was later allegedly deposited into the CIMB Bank account of Tadmansori Holdings Sdn Bhd, in which the accused had an alleged interest when it was purported that Aset Kayamas had a connection with his official duties.
The offence was purportedly committed at the Pusat Bandar Damansara branch of CIMB Bank Bhd on June 14, 2016.
Adnan was charged under Section 165 of the Penal Code, which specifies a jail term of up to two years or a fine, or both.
While reading out the majority ruling, Suraya said that the lower court failed to consider the prosecution’s own failure to re-examine its key star witness Chai’s admission that the RM2 million was meant as a political donation to Umno for two elections in 2016.
“The trial judge failed to consider the failure of the prosecution to re-examine its own star witness Chai (Chai's testimony) on the RM2 million being a political donation for Umno.
“The entire version of the prosecution’s case (against Adnan) was built on his (Chai's) testimony.
“There was no suggestion by the prosecution that Chai was dishonest or untruthful, there was no attempt to impeach. The judge failed to consider that.
“We find such failure on such a critical point or issue amounted to misdirection, that rendered the conviction unsafe,” Suraya said.
“We agree with the appellant’s counsel that it is trite that the prosecution is bound by the testimony of its own witness,” she noted.
Suraya said that this is strengthened by the prosecution’s failure to challenge its own star witness Chai’s testimony that he received a receipt on the RM2 million sent as a political donation to Umno in 2016.
“We find this direct evidence was not contradicted or challenged by the prosecution,” she said.
“Thus, the prosecution’s contention that D74 (evidence number for the RM2 million receipt) was only issued in November 2018, after the appellant was arrested, and that D74 was a forged document, remains unproven.
“The learned trial judge on this issue had decided to disregard the evidence of Chai on the receipt,” she pointed out.
Suraya added that today’s majority Court of Appeal decision considered as significant the evidence by the 23rd prosecution witness, investigating officer Muhammad Saad Bordani, as it revealed that the RM2 million cheque was a political donation for the expenses for the two by-elections in 2016.
She noted that Saad had positively identified from his investigations that the RM2 million was a donation by Chai for expenses in the Kuala Kangsar and Sungai Besar by-elections.
Suraya said that the trial judge also failed to take into account the testimony by Tadmansori CEO Hasbi Jaafar which backed the defence’s contention that the RM2 million sum was a political donation to Umno for the two by-elections.
“In short, we are of the view that there is clearly a non-direction and misdirection by the learned trial judge on the law and evidence.
“The appellant should have been discharged and acquitted by the learned trial judge.
“Accordingly in these circumstances, we must intervene, and thus allow this appeal and set aside the conviction and sentence imposed on the appellant by the High Court. The appellant is therefore acquitted and discharged of the charge,” she ruled.
Meanwhile, in the dissenting ruling, Abu Bakar said that the lower court had made the correct decision in convicting Adnan.
He described as “self-serving” in regard to Adnan’s reliance on Chai’s testimony that the RM2 million was a political donation.
“Chai saying it (RM2 million) being a political donation was only because Adnan told him that the money was for political donation,” Abu Bakar said.
The Court of Appeal judge also pointed out that Adnan had given conflicting statements regarding the alleged Umno receipt that sought to show the RM2 million was meant as a political donation for the party.
“I have no reason to disturb the finding of fact made by the trial judge and I affirm his decision to convict and sentence the appellant.
“On the sentence, I would say that there is no reason to disturb the sentence that was imposed by the trial judge. The trial judge had correctly taken into account, among others, the service to the nation by the accused. The trial judge had also rightly considered the gravity of the offence committed.
“Hence, I would dismiss the appeal and affirm the conviction and sentence against the accused,” Abu Bakar ruled.
After proceedings today, Adnan declined to speak to the media and quickly left the Palace of Justice in Putrajaya.
However, just outside the Palace of Justice, he was seen raising his hands in prayer.
When contacted by the media after proceedings, deputy public prosecutor Asmah Musa said that they will be taking instructions on whether to appeal today’s decision.
Adnan was represented by Tan Hock Chuan.
