KUALA LUMPUR: Former Sabah chief minister (CM) Tan Sri Musa Aman is seeking to quash 46 corruption and money laundering charges framed against him in connection with timber concession contracts in the state.
Deputy public prosecutor Datuk Umar Saifuddin Jaafar told the court that the application by Musa was made on the grounds that the charges were "baseless".
He said Musa had filed the application on Feb 12.
Umar said the defence had also on the same day filed an application to challenge the constitutionality of Section 82(2) of the Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amlatfapuaa) 2001.
Judge Datuk Muhammad Jamil Hussin then fixed April 22 and 23 to hear Musa’s application.
Counsel Francis Ng Aik Guan who represented Musa subsequently asked for the trial dates that have been fixed earlier on June 8, to be vacated pending the application.
The court then fixed Sept 14 to 18, Sept 21 to 24, Sept 26 to 30 and from Nov 10 to 27, as the new trial dates.
Umar later explained that the defence wanted to challenge Section 82(2) which empowers a diplomatic officer to issue a certificate that money laundering charges be brought against individuals in court in Malaysia for offences committed abroad.
“The defence claimed that the officer’s action in issuing the certificate is seen as interfering with the Attorney-General’s power to prosecute. We maintain the Section is valid,” he said.
Umar added that the prosecution will call 50 to 60 witnesses, most of whom are based in Sabah.
On the 30 counts of corruption, Musa in his capacity as Sabah chief minister and Sabah Foundation Board of Trustees chairman allegedly received US$50.1 million from eight logging concessionaires as an inducement to approve logging concessions to 16 companies.
He was alleged to have committed the offences at eight banks and financial institutions in Hong Kong, China and Singapore between Dec 20, 2004, and Nov 6, 2008.
The charges framed under Section 11 (a) of the Anti-Corruption Act 1997 and punishable under Section 16 of the same act carries a maximum 20 years’ jail and fine of not less than five times the amount or value of the bribe or RM10,000, whichever is higher, upon conviction.
On 16 money laundering charges, Musa allegedly instructed Richard Christopher Barnes to open an account at UBS AG Bank, Singapore, under the name of Richard Christopher Barnes, through which he intended to receive proceeds from illegal activities.
Musa also faces alternative charges of concealing proceeds from illegal activities.
On the second to ninth and 11th to 15th charges, Musa allegedly received US$37,845,491.60 in proceeds from illegal activities from several individuals through an account under Barnes’ name.
On the 10th charge, he allegedly received S$2.5 million in proceeds from illegal activities, through the same account.