“The charges are curable and they do not prejudice the accused,” judge Rozina Ayob said in her brief oral ruling on Sim Choo Thiam’s application.
She also rejected another application by Sim, who has a “Datuk Seri” title, for the court to compel the prosecution to specify in writing facts favourable to the defence under Section 51A(1)(c) of the Criminal Procedure Code (CPC), in preparation for his defence.
Sim’s trial will run from May 6 to 10 and continue from May 13 to 17 next year.
The 53-year-old had wanted the court to give him a discharge not amounting to an acquittal (DNAA).
He claimed the prosecution had breached its statutory obligation under Sections 153 and 154 of the CPC.
Section 153 requires the prosecution to ensure that a charge contains particulars as to time, place and person, while Section 154 says the nature of the case against an accused must also be specified to give sufficient notice of the case against him.
Further, Sim alleged that the Malaysian Anti-Corruption Commission’s (MACC) investigation in this case was incomplete.
Sim said MACC only recorded a statement from former home minister Hamzah Zainudin on the evening of May 10, after he (Sim) had been charged earlier that same day.
He said his cautioned statements to MACC, recorded on Feb 16 and 28, contained various exculpatory statements that contradicted the ingredients of the offence as stated in the four charges brought against him.
On May 10, Sim claimed trial to four charges under Section 16(a)(B) of the MACC Act 2009.
On the first charge, he is accused of having demanded RM15 million from Hep Kim Hong at Jalan Dutamas 1, here, in June 2021.
The prosecution claimed the sum was meant as an inducement for Hamzah to assist Hep’s company, Asia Coding Sdn Bhd, in securing projects from his ministry.
Sim also faces three other charges involving the receipt of RM15 million in cash from Hep between July 19 and July 31, 2021.
Lead counsel Hisyam Teh Poh Teik represented Sim while deputy public prosecutor Nor Asmah Ahmad appeared for the prosecution.