PUTRAJAYA: The appeal hearing of former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor against his conviction and sentence for accepting a bribe of RM2 million from a businessman has completed at the Court of Appeal here, today.
Initially, the court has fixed three days beginning today to hear Tengku Adnan's appeal, however the proceedings which started at 9.55 am and ended at 12.52 pm after counsel Datuk Tan Hock Chuan, representing Tengku Adnan as appellant and deputy public prosecutor Asmah Musa finished their submissions.
However, the court has reserved its decision to a date yet to be fixed on Tengku Adnan, 70, or better known as Ku Nan's appeal.
A three-member bench led by Court of Appeal Judge Datuk Suraya Othman said the court would take time to consider the matter and would inform the parties once they were ready with the decision date.
"We thanked the parties for their submissions. After deliberating, we decided we need some time to do a bit research before we come to make our decisions. We will inform the parties on the date of the decision," she said.
The other two judges on the bench were Datuk Abu Bakar Jais and Datuk Ahmad Nasfy Yasin.
The Kuala Lumpur High Court had on Dec 21 last year sentenced Tengku Adnan to 12-month jail and imposed a RM2 million fine on him after finding him guilty of the charge.
However, the court allowed the Putrajaya Member of Parliament’s application for a stay of execution of the jail sentence and fine pending his appeal.
Tengku Adnan was charged in his capacity as a public servant, namely Minister of Federal Territories, with having received for himself a total of RM2 million from businessman, Tan Sri Chai Kin Kong, who is Aset Kayamas Sdn Bhd (AKSB) director, via a Hong Leong Islamic Bank cheque belonging to the company which was deposited into a CIMB account owned by Tadmansori Holdings Sdn Bhd (THSB), which Tengku Adnan has an interest in and is known to AKSB as being related to his official duties.
He was accused of committing the offence at CIMB Bank Berhad of Pusat Bandar Damansara branch here on June 14, 2016, under Section 165 of the Penal Code which provides an imprisonment of up to two years or a fine or both.
Earlier, Tan submitted that the star witness for the prosecution, Chai had clearly testified in examination-in-chief that he would issue a cheque as a political donation to UMNO for Sungai Besar and Kuala Kangsar by-elections.
"In the witness statement, Chai (19th prosecution witness) testified that the RM2 million was his contribution to Tengku Adnan after the latter said he needed a political fund between RM5 million and RM6 million for two by-elections.
"Tan Sri Chai also confirmed that the sum of RM2 million was a political donation to UMNO and not for the appellant (Tengku Adnan)," he said adding that the charge was not proven beyond reasonable doubt and the appellant should have been acquitted and discharged.
Tan also submitted that there was a serious error by the learned trial judge Mohamad Zaini Mazlan when he imported his personal knowledge that the UMNO receipt was 'crisp and new' when there was no evidence to that effect.
Meanwhile, Asmah argued that Tengku Adnan obtained the RM2 million for himself and it was not a political contribution as there was an absence of orderly records based on the receipt acquired on fund contribution to UMNO.
She also argued the statement that the money was a political donation was only raised during cross-examination of sixth prosecution witness who is Tadmansori chief operating officer, Datuk Mohd Hasbi Jaafar and it was never mentioned to the investigation officer when the investigation was being conducted.
"The prosecution argued that Chai (SP 19) was only informed of the purpose of the fund by the accused but did not know whether it was really used as political fund. Therefore, it was not necessary to question the witness again on the issue of political contribution,” she said.
-- BERNAMA
Bernama
Thu Apr 22 2021
Asmah had argued that Tengku Adnan obtained the RM2 million for himself and it was not a political contribution as there was an absence of orderly records based on the receipt acquired on fund contribution to UMNO. -- BERNAMA
Musk's dad says he arranged son's call with South African leader
Trump's post claiming South Africa is "confiscating land" and mistreating "certain classes" triggers sudden flurry of backdoor diplomacy.
Israel PM Netanyahu says peace with Saudi Arabia is achievable
I think peace between Israel and Saudi Arabia is not only feasible, I think it's going to happen, says Israeli PM Benjamin Netanyahu.
Trump says UN has to 'get its act together,' UN pushes back
US President Donald Trump criticises the United Nations as "not being well run".
Police use latest tech to assist in renewed investigation of Teoh Beng Hock's case
Police says the technology could produce a clearer picture of the location where Teoh Beng Hock was found dead 15 years ago digitally.
Family of American killed on Malaysian Airlines flight can sue Russian bank, US court rules
The flight was shot down over DPR-controlled territory in eastern Ukraine by a surface-to-air missile, killing all 298 people on board.
FLOODCOM: M'sia's first floating flood disaster command centre using nuclear technology
The floating flood disaster command centre incorporates nuclear technology to accelerate emergency response and coordination during floods.
Saudi Arabia says it won't establish ties with Israel without creation of Palestinian state
Saudi Crown Prince affirms kingdom's stance in a "clear, explicit manner" with no room for interpretation, says foreign ministry.
What are five new critical metal exports restricted by China?
China announced sweeping export restrictions targeting five metals used across defence, clean energy and other industries.
Trump, in shock announcement, says US wants to take over Gaza Strip
The US will take over the Gaza Strip, and we will do a job with it too, says US President Donald Trump.
Air Busan to disallow power banks in overhead bins after plane fire
Any power banks should be kept with passengers so any overheating, smoke or fire can quickly be spotted and dealt with.
Can the US Congress intervene on Trump's tariffs?
The US Constitution gave Congress tariff powers, but for 70 years, it has passed laws shifting that authority to the president.
Trump proposes permanent displacement of Gazans with Netanyahu at White House
Trump repeated his call for Jordan, Egypt and other Arab states to take in Gazans.
Sweden's deadliest attack leaves 10 dead at Orebro adult school
Police said the gunman was believed to be among those killed.
Suggesting MCA's removal from BN is 'daydreaming' - Ahmad Zahid
Barisan Nasional chairman Datuk Seri Dr Ahmad Zahid Hamidi emphasised that the coalition has never discussed removing MCA.
Five people shot in attack at Swedish school, police say
The shooting took place in a campus area where several schools are located.
50 per cent toll discount to be implemented during all festive seasons this year - Nanta
Datuk Seri Alexander Nanta Linggi says this measure would reduce the costs borne by the government in compensating highway concessionaires.
China launches antitrust probe into Google
China's State Administration for Market Regulation launches an antitrust investigation against Google over suspected violations.
Arab nations oppose removing Palestinians from Gaza in letter to US
Reconstruction in Gaza should be through direct engagement with and participation of the people of Gaza, the letter said.
Trump orders creation of US sovereign wealth fund, says it could buy TikTok
If created, the sovereign wealth fund could place the US alongside numerous other countries, particularly in the Middle East and Asia.
Hundreds flee Santorini as quakes disrupt life
Hundreds of quakes registered every few minutes between the volcanic islands of Santorini and Amorgos in the Aegean Sea.