KUALA LUMPUR: The Sessions Court has been told that there was a project advisory agreement between MKM Solutions Sdn Bhd and Nexuscorpgroup Sdn Bhd related to a maintenance services and spare parts supply project for the police.
MKM Ticketing Travel & Tours Sdn Bhd director Nik Shazni Farhan Nik Mohammad Shah, 43, said the agreement was on assistance by MKM Solutions to Nexuscorpgroup to prepare tender documents for the project.
"The validity period of the agreement stipulated in the document was six months for the company to obtain the tender. If the tender was not secured, the agreement would be void.
"The value of the agreement was 5% of the total contract (if awarded) and it was determined by Datuk Seri Khairi (director and shareholder of MKM Solutions Datuk Seri Khairi Mat Yahya) himself. Payment related to this agreement was made after the project commenced, involving an amount of approximately RM19mi (from the RM381mil contract)," he said.
The 10th prosecution witness said this on Tuesday (Jan 13) in his witness statement during the trial of former political secretary to former home minister Datuk Seri Hamzah Zainudin, Sayed Amir Muzzakkir Al Sayed Mohamad, 43, who is facing three corruption charges involving a total of RM350,000.
Nik Shazni said he did not know how Khairi negotiated to obtain the job and with whom the latter dealt, as he (Nik Shazni) only received instructions to review the agreement documents.
"The lawyer who prepared this agreement would discuss with me to set the terms contained in the agreement and I would inform Khairi. The document was signed by Khairi and Wan Azhar Mohamed Yusof, the managing director of Nexuscorpgroup Sdn Bhd.
"However, I was not informed about the work carried out by MKM Solutions for Nexuscorpgroup based on the terms contained in the agreement document. I merely followed Datuk Seri Khairi's instructions to prepare this document and I was never informed about any commission," he said.
Meanwhile, Nik Shazni said he knew Sayed Amir from around 2018 when he came to his former office in Bandar Seri Damansara.
"I was not close to him because usually Sayed Amir came to the office to deal with Khairi. I am not sure of the actual business Sayed Amir had at the office to meet Khairi as I was never informed of it by anyone.
"I never knew Sayed Amir was a politician until around 2020, when I came to know that he was the political secretary to ex-home minister Datuk Seri Hamzah Zainudin. I got to know of it in the media," the witness said.
Meanwhile, Nik Shazni agreed with the suggestion by lawyer Asmadi Hussin, who represents Sayed Amir Muzzakkir, that the business dealings between MKM Solutions and Nexuscorpgroup were 'genuine' as a lawyer had been appointed in the preparation of the agreement.
During re-examination by deputy public prosecutor Atirah Mohd Azuarizanuddin, Nik Shazni said he was of the view that appointing a lawyer to assist in preparing the agreement constituted a 'genuine' business as the lawyer had also issued an invoice to the company for the services rendered.
"If the business was not 'genuine', the lawyer as a licensed entity would be taking a risk over the services provided," said the witness, adding that the services concerned were 'legal services'.
On May 23, 2024, Sayed Amir was charged with two counts of receiving bribes amounting to RM350,000 from Nexuscorpgroup Sdn Bhd managing director Wan Azhar Mohamed Yusof.
The money was allegedly an inducement to assist the company in obtaining the maintenance services and supply of spare parts for infrastructure equipment, servers, software and user radios for the RMPNet System for the police tender worth RM381,112,042.44.
He was alleged to have committed the offences at the Yayasan Tanah Aku office in Solaris Dutamas here, at 4 pm on Dec 4, 2020, and at 3.30 pm on Dec 16, 2020.
Sayed Amir was also charged with soliciting a bribe of RM350,000 from the same individual for the same purpose at the Nexuscorp Group Sdn Bhd office in the Section 7 Industrial Area in Shah Alam, in early December 2020.
The charges are under Section 16 (a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 and punishable under Section 24(1) of the same Act, which provides for a maximum jail term of 20 years and a fine of not less than five times the value of the bribe or RM10,000, whichever is higher, upon conviction.
The trial before Judge Rosli Ahmad resumes on Wednesday. - Bernama
