The Court of Appeal, in a 2-1 majority decision in allowing the Putrajaya MP’s appeal against his conviction and sentence, said prosecution witnesses supported the defence contention that the money was a political donation.
“The defence has created a doubt in the prosecution’s case. There is an appealable error that warranted appellate intervention. The conviction is therefore unsafe,” said bench chairman Suraya Othman.
Ahmad Nasfy Yasin concurred with Suraya while Abu Bakar Jais was the dissenting judge.
On Dec 21, the High Court in Kuala Lumpur found Tengku Adnan guilty of receiving the money from Chai Kin Kong, who was Aset Kayamas’ director, despite knowing that the businessman’s companies had dealings with the Federal Territories ministry, which was led by Ku Nan him at the time.
He was sentenced to 12 months’ jail and fined RM2 million.
Tengku Adnan left the courtroom immediately after the verdict was pronounced and declined to speak to the media.
Deputy public prosecutor Asmah Musa said she would obtain instructions from the attorney-general on whether to appeal the decision to the Federal Court.
“We have 14 days from today to file the notice of appeal,” she said.
Tengku Adnan’s lead counsel, Tan Hock Chuan, submitted in April before the bench that the cheque for RM2 million given by Chai was a political donation and not for the former minister’s personal benefit.
He said that evidence by prosecution witnesses, including Chai, had shown that the money was meant to be used for two by-elections – in Sungai Besar and Kuala Kangsar – in 2016.
Umno candidates Mastura Mohd Yazid (Kuala Kangsar) and Budiman Mohd Zohdi (Sungai Besar) won both the parliamentary seats.
“Chai testified that he was aware he gave my client (Tengku Adnan) money for the purpose of the Sungai Besar and Kuala Kangsar by-elections,” Tan said.
“It was not the first time that he (Chai) had made such a political contribution.”
He said a receipt was issued by Umno to Chai a few days after he had handed over the cheque.
“This evidence supports the fact that Chai had made a contribution for the by-elections,” he said.
In her judgment today, Suraya said three prosecution witnesses – Chai, Tadmansori Holdings Sdn Bhd chief operating officer Hasbi Jaafar and Malaysian Anti-Corruption Commission investigating officer Muhammad Saad Bordani – gave evidence to support the contention that the money was a political donation.
“It must be borne in mind that the prosecution at all times must prove its case beyond reasonable doubt, failing which an accused is entitled to an acquittal,” she said.
Suraya said trial judge Mohamed Zaini Mazlan had failed to consider the evidence of the trio.
She said Chai was the prosecution’s star witness and he was not re-examined on the political donation, and the judge did not direct his mind on this.
“We find such a failure a non-direction and misdirection which renders the conviction unsafe,” she said.
Suraya said the majority was also not persuaded by the judge’s reasoning that the receipt issued for the RM2 million was not authentic.
Zaini had said in his judgment the money was received a few days before one of the by-elections in June 2016 but a backdated receipt was issued in November 2018, soon after Tengku Adnan’s arrest.
Dissenting judge Bakar said the prosecution had proved all the ingredients of the charge and Zaini did not fall into any error in convicting Tengku Adnan.
“The accused was a public servant. He received RM2 million. There was no consideration given for the RM2 million, and the accused knew Chai had connections with his official duty as minister,” he said.
He said Tengku Adnan took the money for himself and it was never a political donation.
“The money was sent to him (deposited in a bank account of Tadmansori which the accused had interest in),” he said. “There was also no evidence that he spent the money on the by-elections.”
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