THE Kuala Lumpur Sessions Court today rejected a company director’s application to be granted a discharge not amounting to acquittal (DNAA) on four charges of soliciting and accepting bribes of RM15 million to secure projects from an agency under the Home Ministry.

Judge Rozina Ayob made the ruling after finding the charges could be improved and did not prejudice Sim Choo Thiam, 53, as the applicant.

“After examining all the cause papers, the applicant’s (Sim) request to set aside the four charges was rejected,” she said.

The court also rejected the applicant’s request for the public prosecutor to furnish a fresh written statement of facts favourable to his defence.

The case was handled by deputy public prosecutor Nor Asma Ahmad, while Hisyam Teh Poh Teik represented Sim.

Sim, who filed the application on July 4, requested he be granted a DNAA as the public prosecutor had breached their statutory duty under sections 153 and 154 of the Criminal Procedure Code (CPC) and the investigation was incomplete.

The businessman also requested the respondent furnish a fresh written statement of facts in favour of the defence, under section 51A(1)(c) of the CPC, within seven days from the date of the court order.

Sim claimed it was only after he was charged in court that the Malaysian Anti-Corruption Commission (MACC) recorded a statement from former home minister Hamzah Zainudin, whose name was mentioned in Sim’s charges.

The trial was set for 10 days from May 6-10 and 13-17 next year, with the prosecution calling 20 witnesses to testify.

Sim was accused of soliciting bribes amounting to RM15 million from Asia Coding Center Sdn Bhd managing director Hep Kim Hong through Syed Abu Zafran Syed Ahmad.

Sim was also charged with three counts of accepting RM15 million in bribes from the same person.

The offences were allegedly committed at the Shaas Holdings office and a parking lot at Solaris Dutamas in Kuala Lumpur between June and July 2021.

The charges were framed under section 16 (a)(B) of the MACC Act 2009, punishable under section 24(1) of the same act, for a maximum jail time of 20 years, a fine of not less than five times the amount or value of the bribe, or RM10,000, whichever higher, if convicted. – Bernama, September 27, 2023.