THE judiciary delivered a number of high-profile verdicts in 2020, with the most prominent, involving former prime minister Najib Razak.
Other court cases that took centre stage include the 1Malaysia Development Bhd scandal, corruption, criminal breach of trust (CBT) and money-laundering involving several prominent leaders.
On July 28, Najib was sentenced to 12 years’ jail and fined RM210 million on seven charges of CBT, money-laundering and abuse of position involving RM42 million of SRC International Sdn Bhd funds.
Justice Mohd Nazlan Mohd Ghazali, in his 801-page grounds of judgment, dated August 21, regarded the case as the worst kind of CBT involving a prime minister.
Not satisfied with the ruling, Najib, 67, filed an appeal and submitted 307 grounds why he should be freed of the charges.
The Court of Appeal fixed 12 days next year – from February 15 to 18, February 22 to 25 and March 1 to 4 – to hear the Pekan MP’s appeal.
On December 21, another former Federal Territories minister Tengku Adnan Tengku Mansor, 70, was sentenced to 12 months’ jail and fined RM2 million for receiving RM2 million from a businessman in 2016.
However, judge Mohamed Zaini Mazlan granted Tengku Adnan’s application for a stay of execution of the jail term and fine pending his appeal.
The judge, among others, held that the RM2 million given by the businessman, Chai Kin Kong, to Tengku Adnan remained in Tadmansori Holdings Sdn Bhd’s (THSB) account for his benefit and that he had used the company, which he (Tengku Adnan) owns.
The decision by the court is the second high-profile case involving Umno leaders found guilty of criminal charges filed during the Pakatan Harapan government, following the fall of the Barisan Nasional government in May 2018.
Tengku Adnan was also charged in another high court with accepting a RM1 million bribe from another businessman Tan Eng Boon but on December 7, he was given a discharge not amounting to an acquittal (DNAA) on the charge.
The money was deposited into Tengku Adnan’s CIMB Bank account as an inducement to assist an application by Nucleus Properties Sdn Bhd to increase the company’s plot ratio with regard to a development project on Lot 228, Jalan Semarak, Kuala Lumpur.
Tan was fined RM1.5 million.
Najib’s stepson, producer Riza Aziz, was also given a DNAA by the Sessions Court on May 14 for money-laundering, involving US$248 million (RM1.25 billion), allegedly misappropriated from 1MDB funds.
On September 4, the high court acquitted and discharged UK-based Goldman Sachs International Ltd and its two Asian entities, Goldman Sachs (Asia) LLC and Goldman Sachs (Singapore), on charges relating to the sale of 1MDB bonds amounting to RM27.2 billion after the prosecution withdrew all the charges against them.
Former Sabah chief minister Musa Aman was acquitted on 46 corruption and money-laundering charges in connection with contracts for timber concessions in the state.
The prosecution informed judge Muhammad Jamil Hussin that it had withdrawn all the charges made against Musa, 69, in both the cases (corruption and money laundering).
Musa’s lawyer Francis Ng Aik Guan said both cases needed an ending and the court ought to make an apt decision, that is to acquit and discharge his client of all charges for fear that he will be recharged.
On June 16, the high court ordered former Felda chairman Mohd Isa Samad to enter his defence on nine corruption charges, involving RM3 million in connection with the purchase of Merdeka Palace Hotel & Suites (MPHS) by Felda Investment Corporation Sdn Bhd (FICSB).
However, he was discharged and acquitted on one criminal breach of trust (CBT) charge over the hotel purchase for RM160 million without the approval of the Felda board.
In his judgment, Nazlan said there was credible evidence against Isa in respect of the nine charges, but the prosecution failed to prove a prima-facie case on the CBT charge.
The defence closed its case on September 3 after calling six witnesses, including Isa, who will know his fate on February 3.
On December 11, the prosecution in Najib’s wife, Rosmah Mansor’s corruption trial involving the solar-hybrid project for rural schools in Sarawak closed its case after calling 23 witnesses.
Following which, and high court judge Mohamed Zaini Mazlan fixed February 10 to hear the oral submissions.
Najib and two of his sons were also sued by the Inland Revenue Board (IRB) for back taxes.
The IRB obtained a summary judgment against them, whereby the court ordered Najib, Mohd Nazifuddin, 37, and Mohamad Nizar, 42, to pay a total of RM1.74 billion.
The three of them appealed against the ruling and the Court of Appeal has set June 16 for the hearing.
The IRB also sued Tengku Adnan but the matter was resolved on September 23 with the former agreeing to pay RM40.36 million.
Another issue that took centre stage this year was on the Penang undersea tunnel project, where former finance minister Lim Guan Eng is facing charges for corruption and criminal breach of trust (CBT) over the project.
Lim, 60, was charged in the Sessions Court in Kuala Lumpur and in Butterworth last August on two graft charges and two CBT charges.
The court set 31 days beginning this June for the trial.
The Bagan MP was also slapped with one corruption charge at the Butterworth Sessions Court for allegedly helping to secure the project for a company while businesswoman Phang Li Koon was charged with abetting him in committing the offence.
Lim’s wife, Betty Chew Gek Cheng, was charged with counts of money-laundering.
The cases have been fixed for mention on February 19.
Meanwhile, a former member of the police Special Action Unit (UTK), Azilah Hadri failed in his final legal bid to set aside his conviction and death sentence for the murder of Mongolian woman Altantuya Shaariibuu, following the Federal Court’s dismissal of his review application against the conviction on December 8.
An attempt to stop the Sabah elections at the eleventh hour by Jahid @ Noordin Jahim was thrown out by the Federal Court.
Jahid wanted to stay the state elections pending disposal of an appeal over who was the rightful chief minister of Sabah Mohd Shafie Apdal or Musa.
The apex court made the ruling on September 11, a day before nomination, with polling held on September 26.
Decisions on some civil matters also made headlines, including on August 7 in allowing an application by Prime Minister Muhyiddin Yassin and three others to strike out a suit brought by former prime minister Dr Mahathir Mohamad and five others over the nullification of their membership in Bersatu.
The judge ruled that Dr Mahathir and the other plaintiffs had no locus standi to bring the legal action against the defendants.
The high court ruled on September 3 that the one-day Parliament sitting on May 18 was valid and in accordance with the law, even though it was unusual and unprecedented, to avoid the spread of Covid-19.
Judge Ahmad Kamal Md Shahid made the ruling after dismissing an originating summons filed by lawyer R. Kengadharan and a social activist, D. Arumugam, against Muhyiddin and former Dewan Rakyat speaker Mohamad Ariff Md Yusof, for a declaration that the one-day sitting was unconstitutional. – Bernama, December 28, 2020.
Comments