KUALA LUMPUR: The High Court has dismissed an application by former senior political secretary to the Prime Minister, Datuk Seri Shamsul Iskandar Mohd Akin, to transfer five corruption charges in his graft case from the Sessions Court to the High Court.
Justice Noor Ruwena Md Nurdin dismissed the application on the grounds that the applicant had failed to meet the requirements under Section 417 of the Criminal Procedure Code.
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“As the law is settled on this issue, I see no reason to depart from established judicial precedents, some of which are binding. Accordingly, the application is dismissed,” she said here on Tuesday (April 28).
Shamsul Iskandar filed the application on Feb 4, arguing that there were extraordinary legal questions and issues involving the constitutionality of provisions under the Malaysian Anti-Corruption Commission (MACC) Act 2009, and that these could be determined by the High Court and subsequently by the Federal Court.
He also stated that the transfer would not prejudice any party and would facilitate the proper determination of the issues raised.
Deputy Public Prosecutor Farah Ezlin Yusop Khan appeared for the prosecution, while counsel Datuk Amer Hamzah Arshad represented Shamsul Iskandar.
On Dec 4 last year, Shamsul Iskandar was charged at 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 in obtaining mineral exploration licence approvals in Sabah, despite the matter being unrelated to his official duties.
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He was also charged with obtaining an additional RM40,000 in cash for the same purpose, as well as with 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, Precinct 14, Putrajaya, between Nov 24, 2023, and March 5, 2024.
On Dec 5 last year, Shamsul Iskandar was further charged at 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 approval 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), 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.
