KUALA LUMPUR: Former senior political secretary to the Prime Minister, Datuk Seri Shamsul Iskandar Mohd Akin, has applied to transfer his five graft charges from the Sessions Court to the High Court.
His lawyer, Datuk Amer Hamzah Arshad, confirmed this when contacted by the press here on Monday.
The matter came up for case management before a High Court senior assistant registrar on Monday (Feb 16).
According to Amer Hamzah, the transfer application was filed on Feb 4.
“The hearing for the transfer has been fixed for April 9 at the High Court,” he said.
Based on court documents, the application was made on the grounds that there are extraordinary legal questions and issues involving the constitutionality of provisions under the Malaysian Anti-Corruption Commission (MACC) Act 2009, which can be determined by the High Court and subsequently by the Federal Court.
“This case is of public interest as it involves charges against a former senior political secretary to the Prime Minister, and this application does not prejudice any party,” the document stated.
In his supporting affidavit, Shamsul said the charges against him involve complex legal issues.
“I have been advised by my lawyer and therefore believe that if the trial is held at the High Court, the parties will have the opportunity to appeal to the highest court, the Federal Court, to determine matters involving the constitutionality of the provisions under the MACC Act,” he said.
“I also believe that the decisions and grounds of judgment of the higher courts, especially the Federal Court, would benefit and guide other courts,” he added.
On Dec 4 last year, Shamsul Iskandar was charged in the Sessions Court here with agreeing to accept a cash bribe of RM100,000 from businessman Albert Tei Jiann Cheing, 37, as an inducement to assist companies in which Tei had interests to obtain approvals for mineral exploration licences in Sabah, despite the matter being unrelated to his official duties.
He was also charged with obtaining a further RM40,000 in cash for the same purpose, as well as facing two additional charges of receiving bribes in the form of furniture and electrical items valued at RM14,580.03 and RM22,249, respectively, from the same individual.
The offences were allegedly committed at premises in Jalan Medang Serai, Bukit Bandaraya; at a hotel car park in Jalan Sultan Hishamuddin, Kuala Lumpur; and at Jalan P14a 1/1, Presint 14, Putrajaya, between Dec 7, 2023, and Jan 31, 2024, as well as at Jalan P14a 1/1, Presint 14, Putrajaya, between Nov 24, 2023, and March 5, 2024.
On Dec 5 last year, Shamsul Iskandar was further charged in the Shah Alam Sessions Court with one count of corruptly obtaining a bribe amounting to RM62,924 from Tei at a bank in Country Heights, Kajang, allegedly committed between Nov 28, 2023, and Sept 23, 2024.
The money was allegedly deposited into a woman’s bank account to pay rent for a house in Kuala Lumpur and was purportedly given as an inducement for him to assist companies linked to Tei in obtaining approvals for mineral exploration licences in Sabah.
All charges were framed under Section 17(a) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 (Act 694) and are 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 amount or value of the bribe, if it can be assessed, or RM10,000, whichever is higher, upon conviction.
