Federal Court remits Tengku Adnan graft trial to High Court

A three-member bench led by Justice Datuk Nallini Pathmanathan reversed the Court of Appeal order for Mohd Nazlan's recusal to hear the trial and for the trial to be heard before another judge.

She said the Court of Appeal committed errors of law and applied the law incorrectly to the facts of the case which warranted intervention and reversal.

"The case is remitted to the original High Court for continued hearing," said Justice Nallini in allowing the prosecution's appeal.

The other two judges were Datuk Ong Lam Kiat and Datuk Abdul Rahman Sebli.

The Court of Appeal in February this year allowed Tengku Adnan's appeal to have Mohd Nazlan recused from hearing his trial on grounds that the judge might be biased.

Tengku Adnan, through his counsel Datuk Tan Hock Chuan, contended that Mohd Nazlan ought to have recused himself from hearing the case because he had read and considered the facts of the case of businessman Datuk Tan Eng Boon, who pleaded guilty to an alternative charge of abetting Tengku Adnan and was fined RM1.5 million.

Justice Mohd Nazlan, on Sept 20 last year, dismissed Tengku Adnan's bid for his recusal to hear the trial.

The 69-year-old Putrajaya Member of Parliament is charged with corruptly receiving for himself RM1 million from Eng Boon, which was deposited into his CIMB Bank account as an inducement to assist the application by Nucleus Properties Sdn Bhd to increase the company’s plot ratio in regard to a development project on Lot 228, Jalan Semarak, Kuala Lumpur.

He also faces an alternative charge, in his capacity as federal territories minister, of receiving for himself RM1 million from Eng Boon via a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd which was deposited into his CIMB account, knowing that Eng Boon, as a director of Nucleus Properties, had connections with his official duties.