Trial judge Mohamed Zaini Mazlan said the prosecution had established a prima facie case against Tengku Adnan, with credible evidence to prove the charge.

Tengku Adnan is accused of receiving the money from Aset Kayamas Sdn Bhd director Chai Kin Kong as a public servant despite knowing that the businessman’s companies had dealings with the federal territories ministry, which was under him at the time.

He is alleged to have committed the offence at the Pusat Bandar Damansara CIMB Bank branch here on June 14, 2016.

The charge was framed under Section 165 of the Penal Code, which states that it is an offence for a public servant to obtain valuables without consideration. Those found guilty can be jailed for up to two years and fined.

Zaini, in his ruling, said the prosecution had established four elements of corruption under Section 165 of the Penal Code.

The first was that the accused was a minister at the time.

“He was in the service and on the payroll of the government and entrusted with the performance of a public duty,” he said.

Zaini also said there was no disputing that Aset Kayamas had paid Tadmansori Holdings Sdn Bhd RM2 million through Chai.

“The pertinent issue is whether the payment was for the benefit of the accused, or a contribution to Umno for the purpose of the Kuala Kangsar and Sungai Besar by-elections,” he said.

Chai testified that he had given the money at Tengku Adnan’s request as a contribution to Umno.

However, Zaini said Chai was asked to make the payment to Tadmansori.

“The receipt for the amount was issued by Umno and was relied on to justify that the contribution was indeed a donation to the party,” he said.

He said the receipt had been admitted as evidence, but that its content and weight was for the court to evaluate.

Zaini also said that Tengku Adnan, as the largest shareholder of Tadmansori, owned the company with evidence showing that he ran it and was its primary decision-maker.

“He is basically the alter-ego of the company,” he said.

He also said it had been established that Aset Kayamas has no business dealings with Tadmansori.

“I also find that Aset Kayamas received no consideration for the RM2 million it gave,” he said.

On the final element, Zaini said Tengku Adnan, in his capacity as minister, knew that Aset Kayamas had dealings with the Kuala Lumpur City Hall (DBKL).

He said the dealings were in relation to the sale and development of a piece of DBKL land in the city.

“The testimonies of the witnesses and documentary evidence clearly shows that the accused was involved from the inception,” he said.

An interpreter told Tengku Adnan that he could choose to remain silent, give an unsworn statement from the dock, or give evidence from the witness stand.

Tengku Adnan said he would give his testimony from the witness box, where he will be subject to cross-examination by the prosecution.

Lawyer Tan Hock Chuan said the defence has tentatively lined up five witnesses.

The trial will continue from Jan 10 to 17 and Jan 20 to 21.