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KUALA LUMPURIndeed, 2020 has been an eventful year for the country’s judiciary, with verdicts delivered in several high-profile cases, most notably that of former Prime Minister Datuk Seri Najib Tun Razak.
Other court cases that took center stage this year included the 1Malaysia Development Berhad (1MDB) scandal, corruption, criminal breach of trust (CBT) and money laundering involving prominent leaders in the country.
On July 28, former Prime Minister Datuk Seri Najib Tun Razak was sentenced to 12 years in prison and a fine of 210 million ringgit by High Court Judge Mohd Nazlan Mohd Ghazali after finding him guilty of seven counts of CBT, laundering of money and abuse of office involving 42 million ringgit. of funds SRC International Sdn Bhd.
Judge Mohd Nazlan, in his 801-page judgment, dated August 21, considered the case the worst type of CBT involving a prime minister.
Not satisfied with the ruling, Najib, 67, appealed and presented 307 reasons why he should be released from the charges.
The Court of Appeal set 12 days next year, from February 15 to 18, February 22 to 25 and March 1 to 4, to hear the appeal of the deputy of Pekan, who is currently free on bail of 2 million ringgit in two bonds.
On December 21, another High Court sentenced former Minister of Federal Territories Datuk Seri Tengku Adnan Tengku Mansor (pix), Aged 70, to 12 months in jail and a fine of 2 million yuan, six months in jail by default, after he was found guilty of a bribery charge for receiving 2 million ringgit from a businessman in 2016.
However, Judge Mohamed Zaini Mazlan granted Tengku Adnan’s request for suspension of the execution of the prison sentence and a fine pending his appeal.
The judge, among others, held that the RM2 million delivered by the businessman, Tan Sri Chai Kin Kong, to Tengku Adnan had remained in the account of Tadmansori Holdings Sdn Bhd (THSB) for his benefit and that he had used the company, which he (Tengku Adnan) possesses, as a facade to receive the fruits of his crime.
The court’s decision is the second high-profile case involving UMNO leaders convicted of criminal charges that were brought during the Pakatan Harapan government, following the fall of the Barisan Nasional government in May 2018.
Tengku Adnan was also charged in another High Court with accepting a RM1 million bribe from another businessman Datuk Tan Eng Boon, but on 7 December last, he was given a discharge that does not amount to an acquittal (DNAA) on the charge.
The money was deposited into Tengku Adnan’s CIMB Bank account as an incentive to assist a request from Nucleus Properties Sdn Bhd to increase the company’s parcel ratio to a development project on Lot 228, Jalan Semarak, here.
According to the court, it was not a total acquittal order, but the DNAA was granted as a result of the prosecution’s request, as it did not wish to continue with the accusation as there was news in the case.
Tan had pleaded guilty to an alternative charge for instigating the politician to commit the crime and was fined 1.5 million ringgit.
Meanwhile, Najib’s stepson, Hollywood producer Riza Shahriz Abdul Aziz, also received a DNAA from the Court of Sessions here on May 14 for money laundering, involving US $ 248 million (RM1.25 billion ), allegedly embezzled from 1MDB funds.
It was awarded the DNAA following an agreement with the prosecution under which the federal government will receive a substantial sum of several million ringgit.
The Malaysian Anti-Corruption Commission (MACC), in a statement issued the same day (May 14), stated that under the agreement, Riza Shahriz was required to pay a compound to the government under Section 92 of the Anti-Corruption Act. the Money Laundering, Anti-Terrorism Financing and Illicit Activity Proceeds Act of 2001, which is punitive as an alternative to the charges against him.
He said the Malaysian government was expected to recover assets worth 107.3 million dollars (465.3 million ringgit).
On September 4, again on the 1MDB saga, the High Court acquitted and dismissed the UK-based Goldman Sachs International Ltd and its two Asian entities, Goldman Sachs (Asia) LLC and Goldman Sachs (Singapore), for charges related to the sale of 1MDB. bonds worth RM27.2 billion (US $ 6.5 billion) after the prosecution dropped all charges against him.
Another high-profile case involved former Sabah chief minister Tan Sri Musa Aman, who was acquitted of 46 charges of corruption and money laundering in connection with logging concession contracts in the state.
The prosecution informed Judge Datuk Muhammad Jamil Hussin that it had dropped all charges against Musa, 69, in both cases (corruption and money laundering).
Musa’s lawyer, Francis Ng Aik Guan, said both cases needed an end and that the court should make a wise decision, namely acquitting and releasing his client of all charges for fear that he will be charged again.
On June 16, the High Court ordered former Felda Chairman Tan Sri Mohd Isa Samad to file his defense on nine corruption charges, involving RM3 million, in connection with the purchase of Merdeka Palace Hotel & Suites (MPHS) by Felda Investment Corporation Sdn Bhd (FICSB).
However, he was fired and acquitted of a criminal charge for breach of trust (CBT) over the purchase of the hotel for RM160 million without the approval of the Felda Board of Directors.
In his sentencing, Judge Mohd Nazlan said there was credible evidence against Mohd Isa regarding all nine charges, but the prosecution was unable to prove a prima facie case on the CBT charge.
The defense closed its case on September 3 after calling six witnesses, including Mohd Isa, who will learn his fate on February 3, whether he is released from court or found guilty of the charges.
On December 11, the indictment in the corruption trial of Najib’s wife, Datin Seri Rosmah Mansor, related to the hybrid solar project for rural schools in Sarawak, closed the case after calling 23 witnesses.
After which, High Court Judge Mohamed Zaini Mazlan set February 10 next year to hear oral presentations before deciding whether to acquit or order Rosmah to present his defense.
Najib and two of his children were also sued by the Inland Revenue Board (IRB) for not paying their taxes.
The IRB had obtained a summary judgment against him, whereby the court had ordered Najib and his sons, Datuk Mohd Nazifuddin, 37, and Datuk Mohamad Nizar, 42, to pay a total of RM1.74 billion. .
The amount owed by Najib is RM1.69 billion, Mohd Nazifuddin (RM37.6 million) and Mohamad Nizar (RM13.16 million).
The three appealed the sentence and the Court of Appeals had set the hearing for June 16.
Meanwhile, Tengku Adnan was also sued by IRB for income tax arrears, but the matter was amicably resolved in High Court on September 23 and Tengku Adnan agreed to pay RM40,358,336.61.
The IRB had initially sued Tengku Adnan for unpaid taxes with an increase of 10 percent totaling RM57,167,069.35 for the assessment years 2012 to 2017.
According to the draft consent order obtained by the media through the judicial search system, the Malaysian government through the IRB agreed to amend Tengku Adnan’s additional assessment notices for the assessment years 2012 to 2017 .
“The additional amended tax amounted to RM40,358,336.61, including penalties as part of the total tax assessment and is considered as a compound assessment under Section 96A of the Income Tax Act of 1967,” he said.
Another issue that took center stage this year was the Penang Underwater Tunnel Project, where former Finance Minister Lim Guan Eng faces corruption and breach of trust (CBT) charges over the project.
Lim, 60, was indicted in Session Court here and in Butterworth last August on two counts of corruption and two CBT counts, and they will all be tried together in Session Court here.
The court had set 31 days from June for the trial.
The Bagan MP was also charged with corruption at the Butterworth Sessions Court for allegedly helping to secure the project for a company, while businesswoman Phang Li Koon was charged with instigating him to commit the crime.
The Bagan MP was also charged with corruption at the Butterworth Sessions Court for allegedly helping to secure the project for a company, while businesswoman Phang Li Koon was charged with instigating him to commit the crime.
Lim’s wife, Betty Chew Gek Cheng, was indicted on money laundering charges.
The cases were settled for mention on February 19.
Meanwhile, a former member of the Police Special Action Unit (UTK), Azilah Hadri has failed in his latest legal attempt to overturn his conviction and death sentence for the murder of the Mongolian woman Altantuya Shaariibuu, following the decision. of the Federal Court to dismiss your review. lawsuit against the conviction on December 8.
However, Azilah is left with one option, which is to seek royal forgiveness from the Sultan of Selangor. He has applied for the death sentence to be commuted to a prison sentence.
Another interesting case this year was an attempt to stop the Sabah state elections at the last minute by Datuk Jahid @ Noordin Jahim, but it was dismissed by the Federal Court.
Jahid had wanted to suspend the state elections pending the resolution of an appeal as to who was the legitimate prime minister of Sabah Datuk Seri Mohd Shafie Apdal or Tan Sri Musa Aman.
The high court issued the ruling on September 11, one day before the nomination for the Sabah elections, and the vote took place on September 26.
Decisions on some civil matters also made headlines, including the one made by the High Court on August 7 allowing a request by Prime Minister Tan Sri Muhyiddin Yassin and three others to settle a lawsuit brought by former Prime Minister Tun Dr Mahathir Mohamad and five others for the termination of their membership in Parti Pribumi Bersatu Malaysia (Bersatu).
The judge ruled that Dr. Mahathir and the other plaintiffs had no locus standi to bring legal action against the defendants, saying the court was guided by the provision of the law and the cases referred under Section 18C of the Companies Act. 1966 that establishes that any decision of the political parties is final and cannot be challenged in court.
Another is in a High Court ruling on September 3 that the one-day Parliament session on May 18 was valid and in accordance with the law, although it was unusual and unprecedented, to prevent the spread of Covid-19.
Judge Datuk Ahmad Kamal Md Shahid issued the ruling after dismissing an initial subpoena filed by lawyer R. Kengadharan and social activist D. Arumugam against Prime Minister Tan Sri Muhyiddin Yassin and former Dewan President Rakyat Tan Sri Mohamad Ariff Md Yusof, for a statement that the one-day session of Parliament was unconstitutional.Called
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