PUTRAJAYA: The Court of Appeal has partially allowed an appeal by Datuk Seri Abdul Azeez Abdul Rahim to strike out his 13 corruption and money laundering charges.
A three-member panel chaired by Justice Kamaludin Md Said unanimously dismissed the Baling MP’s appeal with the exception of the third, seventh, eighth and ninth charges here yesterday.
This means Abdul Azeez still needs to go on trial for nine out of the 13 charges at the Sessions Court.
Other judges on the bench were Justices Abu Bakar Jais and Che Mohd Ruzima Ghazali.
In the decision, which was read by Justice Abu Bakar, the panel disagreed with the appellant who sought to strike out all 13 charges, but they, however, allowed his appeal on the third, seventh, eighth and ninth charges under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The court was of the opinion that places where the four money laundering charges were allegedly committed were not properly specified by the prosecution.
The charges had merely stated Klang Valley – which includes Kuala Lumpur and Petaling Jaya – whereas the trial has been held at the Kuala Lumpur Sessions Court.
Fewer charges now: Abdul Azeez leaving the Court of Appeal at Palace of Justice in Putrajaya after the decision. — RAJA FAISAL HISHAN/The Star
“As Petaling Jaya is not part of Kuala Lumpur, the Kuala Lumpur court has no local jurisdiction to try an offence in Petaling Jaya.
“This would obviously confuse the appellant and cause the appellant to be unable to prepare for his defence,” Justice Abu Bakar said.
The appellate court also questioned the lack of detail in the places of offence by the prosecution.
“This raises a more serious question when the prosecution could and did specify other places of offences in the other charges,” he added.
The court then made the order for the appellant to be discharged and acquitted of the third, seventh, eighth and ninth charges of money laundering.
In its conclusion, the panel said they were not agreeable with the appellant’s submission for his appeal with the exception of the four money laundering charges.
“Based on the reasons we have given, we found that it is untrue that all the charges against the appellant are defective and invalid.
“We are also of the opinion that the appellant’s argument that the charges against him are mala fide (in bad faith) is baseless,” Justice Abu Bakar said.
The court said it was inappropriate to set aside the remaining nine charges against Abdul Azeez and that he must go on trial for those charges at the Sessions Court.
“We therefore unanimously dismiss the appeal except for what we have stated,” he said.
Abdul Azeez’s lawyer Amer Hamzah Arshad informed the court that the next mention at the Sessions Court would be tomorrow.
Abdul Azeez, an Umno supreme council member, had faced three charges of receiving bribes worth RM5.2mil relating to a road project in Perak and Kedah as well as 10 money laundering charges involving a total of RM13.9mil that he allegedly received from Menuju Asas Sdn Bhd.
The offences were allegedly committed at CIMB Bank, Jalan Tun Perak on Dec 8, 2010 and at Affin Bank, Pusat Bandar Puchong, Selangor on June 13, 2017 and April 10, 2018.
For the money laundering charges, Abdul Azeez allegedly committed the offences in the Klang Valley area between March 8, 2010, and Aug 30, 2018.
