KUALA LUMPUR: A company director has succeeded in compelling the Malaysian Anti-Corruption Commission (MACC) to furnish a fresh written statement of facts in favour of his defence in relation to a RM15mil graft case linked to securing projects from the Home Ministry in 2021.
High Court judge Justice K. Muniandy allowed the revision application by Datuk Seri Sim Choo Thiam on grounds that the early disclosure of the document was warranted for the accused's right to a fair trial.
Sim, 54, had made the application under Section 51A of the Criminal Procedure Code for the delivery of the document to him on July 4, last year, as he claimed the MACC had recorded a statement from former minister Datuk Seri Hamzah Zainuddin only after he (Sim) was charged in court.
Hamzah's name was mentioned in Sim's charges.
Justice Muniandy, in his brief grounds of judgment, said there were favourable facts to be disclosed by the prosecution to the accused before trial, which catered for pre-trial disclosure for the accused to be on equal arms with the prosecution to fight his battle.
"The disclosure of favourable facts does not prejudice the prosecution in any way as the content of the cautioned statements by the accused person is already known by both the accused and prosecution and is already the accused's line of defence," the judge said here on Thursday (March 21).
Justice Muniandy also said that the court's decision to allow Sim's application did not impinge on the prosecutorial discretion by the public prosecutor.
"It does not at all forbid the investigative powers of the MACC as it is not curtailed until completion of the trial, as exigencies may arise which may warrant and justify further investigation," he added.
On Sim's application for a stay of proceedings, the court ruled that the application was "otiose" as the hearing had not commenced.
Sim was represented by lawyers Datuk Hisyam Teh Poh Teik, Low Wei Loke and Kee Wei Lon.
Deputy Public Prosecutors Nor Asma Ahmad, Rasyidah Murni Adzmi and Muhammad Asraf Mohamed Tahir appeared for the prosecution.
On Sept 27, 2023, Sessions Court judge Rozina Ayob dismissed Sim’s application to compel the prosecution to furnish him with the new written statement of facts.
Sim then filed the application to revise the Sessions Court's decision at the High Court.
On May 10, 2023, Sim was charged with soliciting a RM15mil bribe from Hep Kim Hong, the managing director of Asia Coding Centre Sdn Bhd, through Syed Abu Zafran Syed Ahmad, as an inducement for Hamzah, who was the then Home Minister, to award projects to the company.
He was also charged with three counts of accepting RM15mil in bribes from the same individual as an inducement for Hamzah to do similar things.
The offences were allegedly committed at two different locations - Shaas Holdings office and a parking lot at Solaris Dutamas, Jalan Dutamas 1 here, between June and July 2021.
The charges were framed under Section 16(a)(B) of the MACC Act 2009, which is punishable under Section 24(1) of the same Act, which carries a maximum imprisonment of 20 years and a fine of not less than five times the amount of the bribe or RM10,000, whichever is higher, upon conviction.
The trial had been set for 10 days from May 6 to 10 and 13 to 17, and the prosecution would call 20 witnesses to testify.
