KUALA LUMPUR: He had to walk with the help of a walking stick and complained of several ailments, but former Armed Forces chief Tan Sri Mohd Nizam Jaafar remained adamant that he was innocent of the graft charges against him.
The 59-year-old, who claimed trial at the Sessions Court yesterday to four corruption charges involving more than RM3.75mil, said he was determined to clear his name.
He was accused of two counts of abusing his position and one count of accepting valuables amounting to RM752,481.90 and one count of criminal breach of trust involving RM3mil.
He pleaded not guilty after the charges were read out before judge Rosli Ahmad here yesterday.
“I understand the charges. I wish to stand trial,” he said.
Speaking to reporters after he was released on bail, Mohd Nizam said the Armed Forces remained resilient despite the criminal prosecution against him and other senior military officers.
“The Armed Forces have been around for the last 92 years. We will stay strong and we will rise from the ashes,” he said.
“Give the Armed Forces a chance.”
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, which supplied items such as kain pelikat, kain batik, backpacks and towels.
He was charged in his capacity as the Assistant Chief of Staff for Personnel Services of the Malaysian Armed Forces, who chaired TKAT’s executive committee.
Both offences were allegedly committed at the Defence Ministry, Jalan Padang Tembak in Kuala Lumpur on June 24, 2024.
Both charges were framed under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries imprisonment of up to 20 years and a fine of no less than five times the amount of gratification or RM10,000, whichever is higher.
For the third charge, Mohd Nizam, in his capacity as the chairman of TKAT investment committee, was accused of committing criminal breach of trust on RM3mil that belonged to TKAT by using the money as an additional investment in Precious Amber International Bhd without the approval of TKAT’s investment committee.
The offence was allegedly committed at the same place on Oct 4, 2024.
The charge is framed under Section 409 of the Penal Code, which provides for a maximum of 20 years in jail and liable to whipping and fine.
For the fourth charge, Mohd Nizam, who was charged in his capacity as the Armed Forces Chief, allegedly accepted for himself RM200,000 without consideration from Aspen Red Sdn Bhd’s director Wan Shafie Abdul Rashid.
The offence was allegedly committed at Wisma Transit Kuala Lumpur, Jalan Buku Lima, in March, last year.
The charge under Section 165 of the Penal Code carries imprisonment of up to two years or fine or both, if convicted.
Although the charges were for non-bailable offences, deputy public prosecutor Datuk Ahmad Akram Gharib did not object if the court exercised its discretion to grant bail.
“Considering the seriousness of the offences and the defendant’s position in society, we propose a RM300,000 bail in one surety.
“We also request that the accused surrender his passport pending the disposal of the case and that he be barred from interfering with the prosecution witnesses,” 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 appointments to give way to the investigation.
“He served the army for 42 years, giving unwavering commitment and loyalty. He has fully cooperated throughout the investigation,” he said.
Abdul Aziz also said Mohd Nizam has family responsibilities, including supporting his parents.
Judge Rosli then fixed bail at RM180,000 in one surety.
He also ordered the accused to surrender his passport and not interfere with the prosecution’s witnesses.
The case is fixed for mention on March 31.
