KUALA LUMPUR: A joint trial application between Datuk Tan Eng Boon and Tengku Adnan Tengku Mansor in corruption charges would be prejudicial to the 70-year-old businessman.
Counsel Faisal Moideen, who represents Tan, said Tengku Adnan, 68, could not be called as witness if the court granted the application.
“They (Tan and Tengku Adnan) were charged separately and this application would be prejudicial to my client,” he said during submission of the application today.
Deputy public prosecutor Julia Ibrahim, however, submitted that there were technical errors when they filed in the charges via the online system (e-filing).
“The case involved the same transaction, where the accused is the one who gave the bribe and Tengku Adan is the recipient.
“Initially, we wanted them to be jointly tried, but there were some technical errors when the case was registered via e-filing,” she said.
High Court Judge Mohd Nazlan Mohd Ghazali fixed Aug 9 for decision.
On Nov 15, last year, Tan, who was the director of a property company, was charged with bribing the former cabinet minister and abetting him five years ago.
Tengku Adnan was charged in his position as a public servant, which was the federal territories minister at the time, with accepting RM1 million from Tan.
The sum was allegedly received via a cheque belonging to Pekan Nenas Industries Sdn Bhd that was deposited into Tengku Adnan’s CIMB bank account as an inducement to approve an application by Nucleus Properties Sdn Bhd (now known as Paragon City Development) to increase the plot ratio of the development of Lot 228 at Jalan Semarak.
The offence falls under Section 16(b)(A) of the Malaysian Anti-Corruption Commission Act 2009.
Tan was charged with abetting Tengku Adnan in committing the corruption, which falls under Section 109 of the Penal Code.
Tan was released on RM700,000 bail in two sureties.