This comes after a three-member Court of Appeal bench rejected Teo Wee Cheng’s appeal for Section 62 of the MACC Act 2009 to be referred to the Federal Court over a challenge to its constitutionality.
Justice Ahmad Zaidi Ibrahim, who chaired the bench, said the provision, which compels accused persons to reveal their defence before trial begins, was constitutional.
“In following the doctrine of binding precedent, this court is bound to follow the ruling of a superior court,” he said.
Zaidi, who sat with Justices Zaini Mazlan and Ahmad Fairuz Zainol Abidin, was referring to a five-member Federal Court bench’s ruling in 2017 requiring then Penang chief minister Lim Guan Eng to deliver his defence statement to the prosecution before his corruption trial began.
No written grounds were delivered by the apex court for its decision.
Teo previously failed in the sessions court and High Court to secure a revisit of the constitutionality of Section 62.
Earlier today, lawyer Tan Hock Chuan submitted that Section 62 was unconstitutional as it violated the accused’s right to remain silent and his right not to incriminate himself.
“Further, this provision reverses the burden of proof to the accused,” said Tan, who was assisted by Aaron Lau.
In reply, deputy public prosecutor Law Chin How submitted that the dispute over Section 62 was settled by the Federal Court in 2017.
Law, who was assisted by deputy public prosecutors Haresh Prakash Somiah and Elyza Amira Habeeb Rahman, later told reporters that Teo’s case would be mentioned in the Johor Bahru sessions court on Jan 23.
“The trial judge will likely fix hearing dates to commence proceedings,” he added.
On Feb 23, 2023, Teo, 65, pleaded not guilty to the charges before judge Ahmad Kamal Arifin Ismail.
A director of SSH Furniture Sdn Bhd, he is accused of soliciting RM3.9 million and accepting RM7.4 million in bribes, or 10% of two separate contracts awarded under Jana Wibawa. The contracts involved road upgrade works in Segamat and Kota Tinggi, Johor.
The bribes were allegedly kickbacks for helping Muar Usaha Bakti Sdn Bhd obtain the contracts, and TS Dynamic Construction Sdn Bhd to be made a sub-contractor for the Kota Tinggi project.
Teo is said to have committed the offence at Trimetro Development Sdn Bhd on Jalan Majidi Muar between July 2021 and June 2022.
He is also accused of accepting a RM1.5 million bribe in connection with two projects. The offence was allegedly committed at the Pagoh industrial area in Muar between August 2021 and November 2022.
The charges were framed under Section 16(a)(A) of the MACC Act and punishable under Section 24(1) of the same Act, which provides for up to 20 years in jail and a fine of not less than five times the value of gratification.