KUALA LUMPUR: The High Court did not buy former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor's story that the RM2 million he received from a property developer three years ago was a political donation for Umno.
Instead, judge Mohamed Zaini Mazlan said evidence had shown that the money ended up in a company owned and run by Tengku Adnan, or ‘Ku Nan’ as he is popularly known.
Mohamed Zaini said Tengku Adnan knew that Aset Kayamas Sdn Bhd – of which businessman Tan Sri Chai Kin Kong was the managing director – had dealings with Kuala Lumpur City Hall (DBKL) over the sale and development of DBKL land.
"The testimonies of witnesses and documentary evidence clearly show that the accused was involved from the inception," he said.
Hence, Mohamed Zaini ruled that the prosecution had proven a prima facie case against Tengku Adnan, and ordered the former Umno secretary-general to enter his defence against the charge of receiving the RM2 million bribe.
The 68-year-old was accused of receiving the RM2 million via a Hong Leong Islamic Bank cheque belonging to Aset Kayamas Sdn Bhd, which was later deposited into the CIMB Bank account of Tadmansori Holding Sdn Bhd in which Tengku Adnan had an interest.
Tengku Adnan was accused of committing the offence at CIMB Bank Berhad, Pusat Bandar Damansara Branch here, on June 14, 2016.
The offence, under Section 165 of the Penal Code, carries up to two years’ imprisonment, or a fine, or both, upon conviction.
The trial began on July 2 with 23 prosecution witnesses, including two former Kuala Lumpur mayors – Tan Sri Ahmad Phesal Talib and Tan Sri Mohd Amin Nordin Abd Aziz – and Chai himself called to testify.
Tengku Adnan, who was previously an Umno Supreme Council member, Umno Federal Territories liaison chairman, Umno Putrajaya division chief and also Umno secretary-general, has all this while maintained that the money was a political contribution meant for the by-elections in Sungai Besar, Selangor and Kuala Kangsar, Perak.
However, in its prior submission, the prosecution said that there was no record of the money being banked into Umno’s account.
In his ruling, Mohamed Zaini said Chai had testified that he gave the money at the request of the accused as a contribution for Umno.
"Chai was, however, instructed to make out the cheque for RM2 million in the name of Tadmansori Holdings, which is owned by the accused.
"The money ended up in the company and the trail ends there. There was no corresponding payment of RM2 million made to Umno from Tadmansori Holdings."
The judge also touched on a purported receipt of payment from Umno which was produced by the defence in the midst of the trial.
Mohamed Zaini said the receipt, on the face of it, shows an acknowledgement of RM2 million received from Aset Kayamas.
"However, I am disinclined to see it that way simply because there was no evidence to show that Umno had actually received the money.
"The receipt alone cannot be proof that Umno received the money from Aset Kayamas. The fact that the receipt was signed by the accused himself has not escaped my observation," he said, adding that he was inclined to hold that the RM2 million benefited the accused.
Mohamed Zaini fixed Jan 10, 17, 20 and 21 for the defence to present its case.
Tengku Adnan's lawyer, Datuk Tan Hock Chuan, said that his client will be giving testimony from the dock and that the defence will be calling five or six witnesses to testify.
The prosecution team was led by deputy public prosecutor Julia Ibrahim.