KUALA LUMPUR: An investigating officer in the graft case involving former prime minister Tan Sri Muhyiddin Yassin at the High Court denies that a key prosecution witness received "special treatment".
Mazery Mohd Zaini, 42, from the Malaysian Anti-Corruption Commission (MACC) denied that the investigation was conducted with the intention to persecute the Pagoh MP.
The officer made the denial under cross-examination by Muhyiddin's lawyer Datuk Hisyam Teh Poh Teik at Muhyiddin's graft trial linked to the Jana Wibawa programme here on Monday (Sept 14).
He was asked about key prosecution witness, KCJ Engineering Sdn Bhd director Datuk Azman Yusoff, whose name also came up in Muhyiddin's charges.
The defence posited that Azman was a witness in MACC's 'grasp'.
Hisyam: I put it to you, he (Azman) was given special treatment because there was a deal – a 'handshake' between the MACC and Azman. Give the testimony and we (MACC) will give you immunity... protection. Do you agree?
Mazery: I disagree.
On Aug 27, Azman admitted in court that he testified to 'save himself' from prosecution.
Earlier, Justice Noor Ruwena Md Nurdin allowed the defence's application to recall three prosecution witnesses.
The defence wanted to recall Azman, Mamfor Sdn Bhd (MFSB) managing director Shahradzi Shamsuddin and Nepturis Sdn Bhd founder Lian Tan Chuan, also known as TC Lian.
Justice Noor Ruwena allowed the application on the condition that the line of questioning must focus on contributions to Bersatu linked to businessman Adam Radlan Adam Muhammad, who is a cousin to Muhyiddin's son-in-law, Datuk Seri Muhammad Adlan Berhan.
When making the application, defence lawyer Datuk Amer Hamzah Arshad argued that the defence strategy had been compromised when the prosecution decided not to call Adam Radlan to the stand.
He said the defence strategy with a line of questioning had been set but Adam Radlan was ultimately not called to testify.
"We apply under Section 425 of the Criminal Procedure Code to recall the witnesses to ask questions relating to Adam Radlan's involvement.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said that witnesses were asked specific questions about Adam Radlan when they were on the stand.
"This excuse of Adam Radlan not being called to the stand should not be entertained," DPP Wan Shaharuddin said.
Justice Noor Ruwena, however, allowed the defence's application.
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 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 on Tuesday (Sept 15).
