KUALA LUMPUR: The High Court was told that the Prime Minister has no power to decide whether a government project should be awarded through pre-qualification or direct negotiations.
Datuk Zamzuri Abdul Aziz, 56, testified that based on existing government procurement regulations, the authority to determine whether a project goes through pre-qualification or direct negotiations lies within the Finance Ministry's jurisdiction.
"The Prime Minister does not have such powers to make the decision," said the former undersecretary of the government procurement division.
Zamzuri, who is currently the deputy secretary-general of treasury (policy), is the 26th prosecution witness at the graft trial of Bersatu president Tan Sri Muhyiddin Yassin linked to the Jana Wibawa project on Wednesday (Aug 19).
"The Prime Minister has no power, legally, and with the existing government procurement regulations, to order for any project to be awarded via direct negotiations to any companies," he added.
During examination-in-chief by deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin, the witness was asked whether there was involvement from the Prime Minister's Office (PMO) during the procurement and assessment process for KCJ Engineering Sdn Bhd.
Zamzuri answered: "Yes".
KCJ Engineering is a construction company at the centre of the Jana Wibawa scandal, where it was alleged that the company contributed RM800,000 to Bersatu in exchange for the award of a road construction project in Gemas, Negri Sembilan, through direct negotiations.
Zamzuri also agreed to the prosecution's suggestion that KCJ Engineering initially failed its preliminary assessment process at the Jana Wibawa programme contractor assessment committee meeting.
Wan Shaharuddin: If one fails the assessment, usually it would not be approved or considered, correct?
Zamzuri: Correct.
Wan Shaharuddin: Following that, the PMO submitted additional information through a letter dated Nov 13, 2020?
Zamzuri: Correct.
Wan Shaharuddin: Who would know why this extra information was provided?
Zamzuri: I am not sure.
Zamzuri also said in his testimony that he had instructed his deputy, who was also the chairman of the contractor assessment committee, to assess KCJ Engineering after the company was listed in the PMO letter dated Nov 13, 2020.
"The letter was sent to then finance minister Tengku Datuk Seri Zafrul Tengku Abdul Aziz. There was a minute for me to take action, which was to make an assessment on the company.
"If the name KCJ Engineering was not mentioned in that letter, the committee would not have made an assessment on the company. This is only because assessment would only be done on companies suggested by the PMO," Zamzuri said.
The witness added that KCJ Engineering would not have been awarded the road construction project by the Public Works Department if it did not go through the Finance Ministry's contractor assessment committee.
Former prime minister Muhyiddin, 79, was charged with four counts of using his position to obtain bribes totalling RM225.3mil in relation to the Jana Wibawa project from four companies and an individual; Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd, KCJ Engineering Sdn Bhd, and Datuk Azman Yusoff.
The offence was allegedly committed at the Prime Minister's Office, Bangunan Perdana Putra in Putrajaya between March 1, 2020 and Aug 20, 2021.
He also faces three counts of receiving proceeds from illegal activities totalling RM200mil which were deposited into Bersatu's bank accounts between February 2021 and July 2022.
The hearing continues before Justice Noor Ruwena Md Nurdin on Thursday (Aug 20).
