KUALA LUMPUR: Businessman Datuk Seri Sim Choo Thiam is seeking to quash his four corruption charges totalling RM15 million recently.
The accused, who filed the application via Messrs. Low, is seeking a discharge not amounting to an acquittal on all his charges at the Sessions Court here.
According to his application notice, the applicant contended that the prosecution had breached their statutory obligations under Section 153 and Section 154 of the Criminal Procedure Code.
He also claimed that the investigation of his case at all material times was incomplete.
"The Malaysian Anti-Corruption Commission (MACC) decided to charge the applicant (Sim) after they recorded a statement from former Home Minister Datuk Seri Hamzah Zainuddin on May 10.
"The statement recorded by MACC on Feb 16 and Feb 28 contained various exculpatory statements which did not support any ingredient of the offence as alleged in each and every corruption charges against the accused," the statement said.
On May 10, the 54-year-old businessman pleaded not guilty to four counts of soliciting and accepting bribes before Judge Rozina Ayob.
On the first charge, he claimed trial to asking for a RM15 million bribe from Hep Kim Hong, the director of Asia Coding Centre Sdn Bhd, in June 2021, at the Shaas Holdings office in Solaris Dutamas, here.
He was accused of asking for the said amount of bribe through one Syed Abu Zafran Syed Ahmad, as an inducement to get Hamzah, who was the home minister at the time, to do what was suggested, which was to get whatever projects under the Home Ministry's agencies for Asia Coding Centre.
He was also slapped with three counts of receiving RM3.5 million, RM5.5 million and RM6 million in bribes from Hep on July 19, 28, and 30 the same year at a parking lot in Block D1, Solaris Dutamas.
All the charges were framed under Section 16(a)(B) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, punishable under Section 24(1) of the same act.
The section provides for a maximum of 20 years' imprisonment, or a fine of no less than five times the amount of bribe received, or RM10,000, whichever amount is higher, upon conviction.
He was released under RM1 million bail.