KUALA LUMPUR: A businessman with a Datuk Seri title who has been implicated in a RM15mil bribery case linked to Home Ministry projects has applied to the Sessions Court to have his charges dropped.
Sim Choo Thiam filed the criminal application via Messrs Low on July 4, and named the public prosecutor as the respondent.
The application, made under Section 173(g) of the Criminal Procedure Code (CPC), is for the court to grant him a discharge not amounting to an acquittal (DNAA) over four graft charges he is facing under Section 16(a)(B) of the Malaysian Anti-Corruption Commission Act 2009.
In the notice of application, Sim said that the respondent had breached their statutory obligations under Section 153 and Section 154 of the Criminal Procedure Code (CPC) and that the investigation of the case, at all material times, was incomplete.
Sim also filed a separate application under Section 51A of CPC for the prosecution to furnish a fresh written statement of facts favourable to his defence.
He claimed that it was only after he was charged in court that the MACC proceeded to record a statement from former minister Datuk Seri Hamzah Zainuddin, whose name was mentioned in his (Sim's) charges.
He also sought for the trial of his case, which has been scheduled for a 10-day trial next year, not to commence until he is furnished with the fresh written statement of facts.
The application is scheduled for case management before Sessions Court judge Rozina Ayob on July 31.
On May 10, 53-year-old Sim, a company director, claimed trial to charges of soliciting and accepting bribes amounting to RM15mil to secure projects from the Home Ministry in 2021.
He faces a charge of soliciting a bribe amounting to RM15mil from Asia Coding Centre Sdn Bhd managing director Hep Kim Hong through Syed Abu Zafran Syed Ahmad.
Sim was also charged with three counts of accepting RM15mil in bribes from the same individual.
The offences were allegedly committed at two different locations – Shaas Holdings office and a parking lot at Solaris Dutamas, Jalan Dutamas 1 here, sometime between June and July 30, 2021.
The charges were framed under Section 16 (a)(B) of the MACC Act, punishable under Section 24(1) of the same Act, which carries a maximum jail sentence of 20 years and a fine of not less than five times the amount or value of the bribe or RM10,000 whichever is higher, if convicted.
--
