KUALA LUMPUR: Former armed forces chief Tan Sri Mohd Nizam Jaafar has been charged at the Sessions Court with four counts of corruption involving more than RM3.74.7mil.
He pleaded not guilty to two counts of abusing his position, one count of criminal breach of trust and one count of accepting valuables without consideration after they were read out before judge Rosli Ahmad here on Friday.
For the first and second charges, Mohd Nizam was accused of abusing his position for the gratification of RM267,481.90 and RM285,000, by awarding five companies contracts to supply goodies for 2025's Hari Raya for the Armed Forces Welfare Fund (TKAT).
The companies involved are Sinar Bakti Global, Sinar Raudhah Global and Zahra Jaya Global; as well as QMZ Resources and Helmee Resources, where they supplied goodies such as kain pelikat, kain batik, backpacks and towels.
He was charged in his capacity as the Assistant Chief of Staff for Personnel Services (AKSPA) of the Malaysian Armed Forces, who chaired TKAT's executive committee.
Both charges were framed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) 2009, which carries imprisonment of up to 20 years and a fine of no less five times the amount of gratification or RM10,000, whichever is higher, if convicted.
For the third charge, Mohd Nizam was accused of committing criminal breach of trust on RM3mil that belonged to TKAT by using the monies as an additional investment in Precious Amber International Bhd without the approval of TKAT's investment committee.
The charge is framed under Section 409 of the Penal Code which provides for a maximum 20 years in jail and liable to whipping and fine, if convicted.
For the fourth charge, Mohd Nizam, who was charged in his capacity as the Armed Forces Chief (PAT), allegedly accepted for himself RM200,000 without consideration from Aspen Red Sdn Bhd's director Wan Shafie Abdul Rashid, whereby the individual may be connected to his duties.
The charge under Section 165 of the Penal Code carries imprisonment of up to two years or a fine or both, if convicted.
Deputy Public Prosecutor Datuk Ahmad Akram Gharib told the court that the accused was charged with non-bailable offences, but did not object if the court wished to exercise its discretion to grant bail.
"We propose a RM300,000 bail in one surety. The accused needs to surrender his passport to the court pending the disposal of the case," Ahmad Akram said.
Mohd Nizam's lawyer, Abdul Aziz Hamzah, however, asked for a lower amount of RM100,000 for all charges.
"My client had to postpone and reschedule three surgical problems to give way to the investigation.
"He served the army for 42 years, giving unwavering commitment and loyalty to the armed forces," Abdul Aziz said.
The lawyer said his client wanted to clear his name through the justice system.
He also said Mohd Nizam has family responsibilities, including supporting his parents.
Judge Rosli then fixed bail at RM180,000 in one surety and ordered for the accused to surrender his passport to the court.
The case is fixed for mention on March 31.
