{"id":7523,"date":"2020-12-28T10:22:31","date_gmt":"2020-12-28T02:22:31","guid":{"rendered":"https:\/\/newmalaysiatimes.com\/?p=7523"},"modified":"2020-12-28T10:22:35","modified_gmt":"2020-12-28T02:22:35","slug":"year-of-high-profile-verdicts-two-get-jail-fine-others-freed","status":"publish","type":"post","link":"https:\/\/newmalaysiatimes.com\/?p=7523","title":{"rendered":"Year of high profile verdicts, two get jail &#038; fine, others freed"},"content":{"rendered":"\n<p>KUALA LUMPUR, Dec 28 &nbsp;&#8212; 2020 has indeed been an eventful year for the country\u2019s judiciary with verdicts made over several high profile cases, with the most prominent, involving former Prime Minister Datuk Seri Najib Tun Razak.<\/p>\n\n\n\n<p>Other court cases that took center stage this year included\u00a0on 1Malaysia Development Berhad (1MDB) scandal,\u00a0corruption,\u00a0criminal breach of trust \u00a0(CBT) and money laundering which involved prominent leaders in the country.<\/p>\n\n\n\n<p>On July 28, former prime minister Datuk Seri Najib Tun Razak was sentenced to&nbsp;12 years&#8217; jail and RM210 million fine&nbsp;by High Court Judge Mohd Nazlan Mohd Ghazali after finding him guilty&nbsp;on seven charges of&nbsp;CBT,&nbsp;money laundering and abuse of position involving RM42 million of&nbsp;&nbsp;SRC International Sdn Bhd&nbsp;funds.<\/p>\n\n\n\n<p>Justice Mohd Nazlan, in&nbsp;his 801-page grounds of judgment,&nbsp;dated Aug 21, regarded the case as the worst kind of CBT&nbsp;involving a prime minister.<\/p>\n\n\n\n<p>Not satisfied with the ruling, Najib, 67,&nbsp;filed an appeal and&nbsp;submitted 307 grounds why he should be freed of the charges.<\/p>\n\n\n\n<p>The Court of Appeal&nbsp;fixed&nbsp;12 days next year &#8212; from Feb 15 to 18, Feb 22 to 25 and March 1 to 4 &#8212; to hear the appeal by the Pekan MP, who&nbsp;is currently out on bail of RM2 million in two sureties.<\/p>\n\n\n\n<p>Last Dec 21, another&nbsp;High Court sentenced former&nbsp;Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor, 70,&nbsp;to&nbsp;12 months in&nbsp;jail and RM2 million fine,&nbsp;in default six months\u2019 jail, after&nbsp;finding him&nbsp;&nbsp;guilty on&nbsp;a graft charge with receiving RM2 million from a&nbsp;businessman&nbsp;in 2016.<\/p>\n\n\n\n<p>However, Judge Mohamed Zaini Mazlan granted&nbsp;&nbsp;Tengku Adnan\u2019s application for a stay of execution of the jail term and fine pending his appeal.<\/p>\n\n\n\n<p>The judge among others held&nbsp;&nbsp;that the RM2 million&nbsp;given by the businessman,&nbsp;Tan Sri Chai Kin Kong, to Tengku Adnan had remained in Tadmansori Holdings Sdn Bhd\u2019s (THSB)&nbsp;account for his benefit&nbsp;and that he had used the&nbsp;company, which he (Tengku Adnan) owns,&nbsp; as a facade to receive the fruits of his crime.<\/p>\n\n\n\n<p>The decision by the court is the second high profile case\u00a0involving UMNO leaders found guilty of\u00a0criminal\u00a0charges that were filed during the Pakatan Harapan government, following\u00a0the fall of the Barisan Nasional\u00a0government in May 2018.<\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter size-large is-resized\"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00-1024x565.jpg\" alt=\"profile\" class=\"wp-image-7524\" width=\"450\" height=\"248\" srcset=\"https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00-1024x565.jpg 1024w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00-300x166.jpg 300w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00-768x424.jpg 768w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00-181x100.jpg 181w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00-350x193.jpg 350w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00-800x442.jpg 800w, https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00.jpg 1092w\" sizes=\"auto, (max-width: 450px) 100vw, 450px\" \/><\/figure><\/div>\n\n\n\n<p>Tengku Adnan was also charged in another High Court with&nbsp;accepting a RM1 million bribe from another businessman&nbsp;Datuk Tan Eng Boon, but last Dec 7, he was given a&nbsp;discharge not amounting to an acquittal (DNAA) on the charge.<\/p>\n\n\n\n<p>The money was deposited into Tengku Adnan\u2019s CIMB Bank account as an inducement to assist an application by Nucleus Properties Sdn Bhd to increase the company\u2019s plot ratio with&nbsp;regard to a development project on Lot 228, Jalan Semarak, here.<\/p>\n\n\n\n<p>According to the court, it was not an order for&nbsp; full acquittal, but the DNAA was granted following the prosecution\u2019s application as it did not&nbsp;wish to continue with the prosecution as there were new developments in the case.<\/p>\n\n\n\n<p>Tan had pleaded guilty to an alternative charge with abetting the politician in committing the offence, and was fined RM1.5 million.<\/p>\n\n\n\n<p>Meanwhile, Najib\u2019s stepson,&nbsp;Hollywood producer Riza Shahriz Abdul Aziz, was also given a DNAA&nbsp;by the Sessions Court here last May 14&nbsp;for money laundering, involving US$248 million (RM1.25 billion), allegedly misappropriated from&nbsp;1MDB&nbsp;funds.<\/p>\n\n\n\n<p>He&nbsp;was given the DNAA following an agreement with the prosecution under the terms of which the federal government will receive a substantial sum running into several million ringgit.<\/p>\n\n\n\n<p>The Malaysian Anti-Corruption Commission (MACC), in a statement issued the same day&nbsp;(May 14), stated that under the agreement, Riza Shahriz was required to pay a compound to the government under Section 92 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which is punitive as an alternative to the charges that were brought against him.<\/p>\n\n\n\n<p>It said the Malaysian government was expected to recover&nbsp; assets worth&nbsp; US$107.3 million (RM465.3 million).<\/p>\n\n\n\n<p>On Sept 4, again on the 1MDB saga, 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&nbsp;bonds amounting to RM27.2 billion (US$6.5 billion) after the&nbsp; prosecution withdrew all the charges against them.<\/p>\n\n\n\n<p>Another high profile case involved former Sabah Chief Minister Tan Sri Musa Aman, who was acquitted on 46 corruption and money laundering charges\u00a0in connection with contracts for timber concessions in the\u00a0state.<\/p>\n\n\n\n<p>The prosecution informed Judge Datuk Muhammad Jamil Hussin that it&nbsp;had withdrawn all the charges made against Musa, 69, in both the cases (corruption and money laundering).<\/p>\n\n\n\n<p>Musa\u2019s 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 re-charged.<\/p>\n\n\n\n<p>On June 16, the High Court &nbsp;ordered former Felda chairman Tan Sri Mohd Isa Samad to enter his defence on&nbsp;nine corruption charges, involving&nbsp; RM3 million , in connection with&nbsp;the purchase of Merdeka Palace Hotel &amp; Suites (MPHS) by Felda Investment Corporation Sdn Bhd (FICSB).<\/p>\n\n\n\n<p>However, he was&nbsp; discharged and acquitted&nbsp;on one&nbsp;criminal breach of&nbsp;trust (CBT)&nbsp;charge over the&nbsp;hotel purchase for RM160 million without the approval of the Felda Board of Directors.<\/p>\n\n\n\n<p>In his judgment, Judge Mohd Nazlan said there was credible evidence against Mohd Isa in respect of the nine charges, but the prosecution failed to prove a prima facie case on the CBT charge.<\/p>\n\n\n\n<p>The defence closed its case on Sept 3&nbsp;after calling six &nbsp;witnesses, including Mohd Isa, who will know his fate&nbsp;this Feb 3, whether he walks out the the court a free man or be convicted of the charges.<\/p>\n\n\n\n<p>On Dec 11, the prosecution in Najib\u2019s wife, Datin Seri&nbsp;Rosmah&nbsp;Mansor\u2019s corruption trial involving the solar hybrid project&nbsp;for rural schools in Sarawak&nbsp;closed its case after calling 23 witnesses.<\/p>\n\n\n\n<p>Following which, and High Court Judge Mohamed Zaini &nbsp;Mazlan fixed&nbsp; Feb 10&nbsp;next year &nbsp;to hear the&nbsp;oral submissions before deciding&nbsp;whether to acquit or&nbsp;order Rosmah &nbsp;to enter her defence.<\/p>\n\n\n\n<p>Najib and two of his sons were also sued by the Inland Revenue Board (IRB) for not paying their taxes.<\/p>\n\n\n\n<p>IRB had obtained a summary judgment against them, whereby the court had ordered Najib and his sons &#8212; &nbsp;Datuk Mohd Nazifuddin,&nbsp;37,&nbsp; and&nbsp; Datuk Mohamad Nizar, 42, &#8212;&nbsp; to pay a total of&nbsp; RM1.74 billion.<\/p>\n\n\n\n<p>The amount owed by Najib is&nbsp;&nbsp;RM1.69 billion, Mohd Nazifuddin (RM37.6 million) and&nbsp;Mohamad Nizar (RM13.16 million).<\/p>\n\n\n\n<p>The three of them appealed against the ruling and the Court of Appeal had set June 16 for the hearing.<\/p>\n\n\n\n<p>Meanwhile, Tengku Adnan was also sued by IRB for income tax arrears, but the matter was resolved&nbsp;amicably at the High Court&nbsp; on Sept 23 with Tengku Adnan agreeing to pay RM40,358,336.61.<\/p>\n\n\n\n<p>The IRB had&nbsp;initially sued Tengku Adnan over unpaid taxes with a 10 per cent increment totalling RM57,167,069.35 for assessment years 2012 to 2017.<\/p>\n\n\n\n<p>According to the draft consent order obtained by the media through the court search system, the Malaysian government through IRB agreed to amend Tengku Adnan&#8217;s additional assessment notices for the assessment years 2012 to 2017.<\/p>\n\n\n\n<p>&#8220;The additional amended tax amounted to RM40,358,336.61, including the penalties as part of the total tax settlement and is considered as a composite assessment under Section 96A of the Income Tax Act 1967,\u201d it said.<\/p>\n\n\n\n<p>Another issue that took centre stage this year was on the Penang undersea&nbsp;tunnel project, where former finance minister Lim Guan Eng is facing charges for corruption and criminal breach of trust (CBT) over the project.<\/p>\n\n\n\n<p>Lim, 60, was charged in the Sessions Court here and in Butterworth last&nbsp;August on two&nbsp;graft&nbsp;charges and two CBT charges, with all of them to be tried together at the Sessions Court here.<\/p>\n\n\n\n<p>The court had&nbsp;&nbsp;set 31 days beginning this June&nbsp;for&nbsp;the trial.<\/p>\n\n\n\n<p>The Bagan MP was also slapped with one&nbsp;corruption charge at the Butterworth Sessions Court&nbsp;for allegedly helping to secure the project&nbsp;to a company, &nbsp;while&nbsp;businesswoman Phang Li Koon was&nbsp;charged with abetting him in committing the offence.<\/p>\n\n\n\n<p>Lim\u2019s wife, Betty Chew Gek Cheng was charged with counts of money laundering charges.<\/p>\n\n\n\n<p>The cases have&nbsp;been fixed for mention on Feb 19.<\/p>\n\n\n\n<p>Meanwhile, a former member of the&nbsp;police Special Action Unit (UTK),&nbsp; Azilah Hadri has failed in his final legal bid&nbsp;to set aside his conviction and death sentence for the murder of Mongolian woman Altantuya Shaariibuu, following&nbsp;the Federal Court\u2019s decision in&nbsp;dismissing his&nbsp;review application against the conviction last Dec 8.<\/p>\n\n\n\n<p>Azilah, however, has&nbsp; one option left, which is to seek a royal pardon from the Sultan of Selangor. He has filed an application to have the death sentence commuted to a prison term.<\/p>\n\n\n\n<p>Another interesting case this year was an attempt to stop the Sabah state election&nbsp;at the eleventh hour by Datuk Jahid @ Noordin Jahim, but it was&nbsp;thrown out by the Federal Court.<\/p>\n\n\n\n<p>Jahid had wanted to stay&nbsp;the state election&nbsp;pending disposal of an appeal over who twas the rightful chief minister of Sabah&nbsp; Datuk Seri Mohd Shafie Apdal or Tan Sri Musa Aman.<\/p>\n\n\n\n<p>The apex court made the ruling&nbsp;on Sept 11, a day before nomination for the&nbsp;Sabah&nbsp;election, with polling held on&nbsp;Sept 26.<\/p>\n\n\n\n<p>Decisions on some civil matters&nbsp;also made headlines, including the one made by the High Court on Aug 7 in allowing an application by&nbsp;Prime Minister Tan Sri Muhyiddin Yassin and three others &nbsp;to strike out a&nbsp;suit brought by former Prime Minister Tun Dr Mahathir Mohamad and five others over the nullification of their membership in Parti Pribumi Bersatu Malaysia (Bersatu).<\/p>\n\n\n\n<p>The judge ruled that Dr&nbsp;Mahathir and the other&nbsp;plaintiffs had no locus standi to bring the legal action&nbsp;against the defendants, saying&nbsp;that&nbsp;the court was guided by the provision of law and cases referred under Section 18C of the Societies Act 1966 which&nbsp;states&nbsp;that any decision of political parties is final and cannot be challenged in court.<\/p>\n\n\n\n<p>Another is on a High Court ruling on Sept 3&nbsp;that&nbsp;the one-day&nbsp;Parliament sitting&nbsp;on&nbsp;May 18 was valid and in accordance with the law, even though it was&nbsp;unusual and unprecedented,&nbsp;to avoid the spread of COVID-19.<\/p>\n\n\n\n<p>Judge Datuk Ahmad Kamal Md&nbsp;Shahid made the ruling after&nbsp;dismissing an originating summons filed by lawyer&nbsp;R. Kengadharan, and a social activist, D. Arumugam, against Prime Minister Tan Sri Muhyiddin Yassin and former Dewan Rakyat Speaker Tan Sri Mohamad Ariff Md Yusof,&nbsp; for a declaration that the one-day Parliament sitting was unconstitutional.<\/p>\n\n\n\n<p>&#8212; <a href=\"https:\/\/www.bernama.com\/en\/news.php?id=1916335\">BERNAMA<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>KUALA LUMPUR, Dec 28 &nbsp;&#8212; 2020 has indeed been an eventful year for the country\u2019s&#8230;<\/p>\n","protected":false},"author":1,"featured_media":7524,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[524],"tags":[],"class_list":["post-7523","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-nation"],"featured_image_urls":{"full":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00.jpg",1092,603,false],"thumbnail":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00-150x150.jpg",150,150,true],"medium":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00-300x166.jpg",300,166,true],"medium_large":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00-768x424.jpg",640,353,true],"large":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00-1024x565.jpg",640,353,true],"1536x1536":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00.jpg",1092,603,false],"2048x2048":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00.jpg",1092,603,false],"newsium-slider-full":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00.jpg",1092,603,false],"newsium-featured":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00.jpg",1024,565,false],"newsium-medium":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2020\/12\/085525f20e61122cb4872ea4bde2599a5fe932d93ca00.jpg",720,398,false]},"author_info":{"info":["Editor"]},"category_info":"<a href=\"https:\/\/newmalaysiatimes.com\/?cat=524\" rel=\"category\">Nation<\/a>","tag_info":"Nation","comment_count":"0","_links":{"self":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts\/7523","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7523"}],"version-history":[{"count":1,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts\/7523\/revisions"}],"predecessor-version":[{"id":7525,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts\/7523\/revisions\/7525"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/media\/7524"}],"wp:attachment":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7523"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7523"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7523"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}