KUALA LUMPUR: Spanco Sdn Bhd chairman Tan Sri Robert Tan Hua Choon has claimed trial at the Sessions Court here to cheating the Finance Ministry over a tender for the management of government vehicles worth close to RM4bil.
He was accused of cheating the ministry through the Public-Private Partnership Unit, which awarded the company a contract worth RM3,966,386,628 to procure and manage the government’s fleet of vehicles.
He pleaded not guilty after the charge was read out before Sessions Court judge Suzana Hussin yesterday.
According to the charge sheet, Tan allegedly cheated the tender-opening committee by claiming that there was at least 30% bumiputra shareholding in Spanco, in its document entitled Appendix IV (Annex i) Bidder’s Profile of the Request for Proposal for Supply, Repair, Maintenance and Management of Government of Malaysia Vehicle Fleet.
Tan, who is also Spanco executive director, allegedly committed the offence at the ministry’s office in Putrajaya between Feb 27 and Feb 28, 2019.
He was charged under Section 420 of the Penal Code, which carries a jail term of between a year and 10 years, whipping and a fine, upon conviction.
Malaysian Anti-Corruption Commission (MACC) deputy public prosecutor Mahadi Abdul Jumaat offered bail of RM2mil in one surety, with the conditions that the accused surrender his passport and reports to the Kuala Lumpur MACC office on the first week of every month until the trial’s conclusion.
“For the purpose of bail, after considering the value of the accusation, the status of the accused, and the seriousness of the offence, the prosecution would suggest bail of RM2mil in one surety.
“The (bail amount) has been agreed upon by both prosecution and defence,” he said.
Mahadi also proposed an order to prohibit the accused from harassing witnesses to avoid influencing them throughout the case.
In mitigation, Tan’s lawyer, Datuk Wan Azmir Wan Majid, said his client agreed to the bail amount, but argued that the additional conditions were unnecessary as Tan was not a flight risk owing to his age and health.
“My client is 83 and suffering from hypertension, knee pains and backache, and requires medical attention.
“He also relies on a cane and the help of an assistant to move around for daily activities.
“As mentioned earlier, while the amount of bail is very high, my client does not object to it.
“However, the surrender of his passport and monthly reporting to the MACC office are unnecessary.
“Instead, (he should need to) report once every three months,” he said.
Wan Azmir also informed the court that senior lawyer Datuk Hisyam Teh Poh Teik would be leading the defence, before Judge Suzana fixed bail at RM2mil and ordered the accused to surrender his passport to the court.
However, Tan only needs to present himself to the MACC office every two months.
He was also told not to have contact with any witnesses during the trial, either directly or through a third party.
The case mention is set for June 4.
