PUTRAJAYA (Bernama): The appeal hearing of former federal territories minister Datuk Seri Tengku Adnan Tengku Mansor (pic) against his conviction and sentence for accepting a bribe of RM2mil from a businessman has completed at the Court of Appeal here on Thursday (April 22).
Initially, the court fixed three days beginning Thursday to hear Tengku Adnan's appeal, but the proceedings, which started at 9.55am, ended at 12.52pm after counsel Datuk Tan Hock Chuan, representing Tengku Adnan as appellant and deputy public prosecutor Asmah Musa finished their submissions.
However, the court reserved its decision to a date yet to be fixed.
A three-member bench led by Court of Appeal Judge Datuk Suraya Othman said the court would need time to consider the matter and would inform parties involved once they were ready with the decision date.
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 months' jail and imposed a RM2mil fine on him after finding him guilty.
However, the court allowed the Putrajaya MP'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 Federal Territories Minister, with having received a total of RM2mi 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 the Sungai Besar and Kuala Kangsar by-elections.
"In the witness statement, Chai (19th prosecution witness) testified that the RM2mil was his contribution to Tengku Adnan after the latter said he needed a political fund between RM5mil and RM6mil for two by-elections.
"Tan Sri Chai also confirmed that the sum of RM2mil 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 had obtained the RM2mil 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 Datuk Mohd Hasbi Jaafar, who is Tadmansori chief operating officer, 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