Sessions Court judge Sohaini Alias will decide on December 2 whether to allow the amendment. She will also decide on that day whether Ku should enter his defence.

Deputy Public Prosecutor Budiman Lufti Mohamed, from the Malaysian Anti Corruption Commission (MACC), informed the Sessions Court today that the anti-graft body wants to amend the charge.

The prosecution wants to insert the words “with intention” in the charge. Ku had intention, the application reads, in not declaring – in his sworn statement on 8 January 2014 – how he collected RM961,500 in commissions.

Ku’s lawyer, Geethan Ram Vincent, objected as the prosecution had closed its case.

“The prosecution has called its witnesses to testify, relying on the last amended charge,” said the lawyer.

He added the prosecution only realised the charge was defective after he had pointed it out in his written submission.

Geethan said the prosecution’s move was unfair to Ku. “It’s trying to get a second bite at the cherry,” he said.

Budiman argued that the proposed amendment was to ensure the case will not fail when it goes to the appeals stage.

“The amendment is necessary to ensure the charge is in an orderly manner,” he said.

Ku was charged under Section 49(3) of the Anti-Money Laundering, Anti-Terrorism Financing Act 2001, for failing to state how he obtained the commission.

He is facing a maximum jail term of one year, a fine up to RM1 million, or both, if found guilty.