Sim Choo Thiam, 54, is facing four charges of soliciting and accepting bribes of RM15 million to secure projects from a home ministry agency.
According to Sim, the fact in favour of the defence is that he was charged in court before MACC recorded a statement from former home minister Hamzah Zainudin, whose name was mentioned in Sim’s charges.
Sim also claimed that his cautioned statements, recorded by MACC on Feb 16 and 28 last year, did not support the alleged corruption charges against him.
In his ruling, Justice K Muniandy directed the anti-graft agency to furnish the statement after finding there were favourable facts to be disclosed by the prosecution to the accused before trial and ensure his right to a fair trial.
“The disclosure of favourable facts does not at all impinge on the prosecutorial discretion by the public prosecutor nor does it forbid the investigative powers of MACC.
“The investigative powers of MACC are not limited until the trial concludes, as there may be unforeseen circumstances that require and validate additional investigation.
“On that score, the accused has suffered injustice in the eyes of the law, which ought to be corrected by this court exercising its supervisory jurisdiction, which is to observe and ensure the law as in Section 51A (1)(c) of the Criminal Procedure Code (CPC) is correctly applied,” he said.
Muniandy then gave MACC 14 days to comply with the order.
Sim was represented by counsel Hisyam Teh Poh Teik, Low Wei Loke and Kee Wei Lon, while deputy public prosecutors Nor Asma Ahmad, Rasyidah Murni Adzmi and Asraf Tahir appeared for the prosecution.
On July 4, 2023, Sim filed a revision application in the sessions court under Section 51A of CPC for the prosecution to furnish a fresh written statement of facts favourable to his defence. Judge Rozina Ayob dismissed his application on Sept 27.
The trial has been set for 10 days – May 6 to 10 and 13 to 17 – and the prosecution will call 20 witnesses to testify.
On May 10, 2023, Sim was charged with soliciting a RM15 million bribe from Hep Kim Hong, the managing director of Asia Coding Centre Sdn Bhd, through Syed Abu Zafran Syed Ahmad, as an inducement for Hamzah to award projects to the company.
He was also charged with three counts of accepting RM15 million in bribes from the same individual as an inducement for Hamzah to similarly award other projects.
The offences were allegedly committed at the Shaas Holdings office and a parking lot at Solaris Dutamas, Jalan Dutamas 1 here, between June and July 2021.
The charges were framed under Section 16(a)(B) of the MACC Act 2009, which is punishable under Section 24(1) of the same Act, carrying a maximum imprisonment of 20 years and a fine of at least five times the value of the bribe or RM10,000, whichever is higher, upon conviction.