BUSINESSMAN Tan Eng Boon, charged with bribing former federal territories minister Tengku Adnan Tengku Mansor, will see his case heard in the Kuala Lumpur High Court following the prosecution’s application to move it from sessions court.

Tan, 70, is charged with giving RM1 million to Tengku Adnan to get approval for housing projects in the city. 

Prosecutors are also pushing for him to be jointly tried with the former minister.

Tengku Adnan, or better known as Ku Nan, claimed trial in November to charges that he received RM3 million in bribes from property developers between 2013 and 2016.

Justice Mohamed Zaini Mazlan today overruled an objection by Tan’s lead counsel Faisal Moideen that the transfer application was made under the wrong legal provision within the Criminal Procedure Code.

“It seems that this court agreed (to the transfer) on the basis there will be a joint trial,” said Faizal.

Tan’s transfer application was made under Section 417(e), which empowers the high court to move the case as it will be “expedient for the ends of justice”.

Faizal said the transfer should have been made under Section 170 of the code, which states when one person is accused of committing an offence and another of abetment of or attempt to commit the same offence, they may be charged and tried together as the court thinks fit.

“That is not a consideration under Section 417,” he said.

“It is the wrong position. The procedure should be followed strictly.”

Deputy public prosecutor Lailawati Ali said the transfer application under Section 417 is “most suitable” and both parties benefit from the case being transferred to a higher court.

“It is advantageous as the high court has more experience, and wider powers and jurisdiction compared to the sessions court.

“I don’t see any injustice done… to the accused,” she said.

The judge said: “In the face of the charges, and Tengku Adnan’s (case), which has been transferred to High Court… there are similarities of the facts cited. It is highly likely that the cases will involve the same evidence and documents.”

He added there are ample grounds for the two to be jointly tried.

“That decision however, is to be made by the judge hearing the case for a joint trial.”

Zaini also dismissed an application for stay by Faizal.

Tan was not in court today as he was exempted by Zaini.

Last November 15, Tan, who is also a director of a property development company, pleaded not guilty to allegedly giving bribe by depositing a RM1 million Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd into Tengku Adnan’s CIMB Bank account.

Tan was charged with the giving the bribe as a reward for Tengku Adnan’s approval of Nucleus Properties Sdn Bhd (now known as Paragon City Development Sdn Bhd) to increase the plot ratio relating to the development of Lot 228, Jalan Semarak in Kuala Lumpur.

The offence was allegedly committed at CIMB Bank Berhad, Putra World Trade Centre, Jalan Tun Ismail, Kuala Lumpur on December 27, 2013.

Tan also pleaded not guilty to an alternative charge of helping Tengku Adnan to allegedly commit the crime of accepting the RM1 million as a public servant.

Tan was charged with committing the offence at the same place and date under Section 109 of the Penal Code read with Section 165 of the same law, which provides for a maximum jail term of two years or a fine or both, upon conviction.

Paragon City is a mixed development project, consisting of a mall, a five-star hotel and serviced apartments. Paragon Globe Berhad announced on December 28 the resignation of Tan as its chairman. – March 20, 2019