COMPANIES and an individual who secured projects under the Jana Wibawa programme paid RM25.3 million into Parti Pribumi Bersatu Malaysia (Bersatu) accounts after receiving their contracts, the High Court in Kuala Lumpur heard today.
Malaysian Anti-Corruption Commission (MACC) investigating officer Mazery Mohd Zaini told the corruption trial of former prime minister Tan Sri Muhyiddin Yassin that the payments were made by KCJ Engineering Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd, Sutracom Sdn Bhd and KCJ Engineering director Datuk Seri Azman Yusoff.
Mazery, the 29th prosecution witness, said the transactions, recorded between Sept 22, 2021 and Nov 22, 2022, were identified through checks of Bersatu's CIMB Bank and AmBank accounts.
He said Muhyiddin was among those who controlled the accounts.
"I can conclude that based on checks of these Bersatu bank accounts, there were individuals and companies that successfully obtained Jana Wibawa projects who deposited money into accounts belonging to Bersatu, and these accounts were controlled by the accused.
"The total transactions from Sept 22, 2021 to Nov 22, 2022 amounted to RM25.3 million," he said in his witness statement.
Mazery said the investigation found that the payments were not political donations but were allegedly made in return for Muhyiddin's assistance in helping the companies secure Jana Wibawa projects.
"The money deposited by these companies was not political donations but rather in return for the accused's actions in helping them obtain the projects and was not a coincidence," he said.
He said he also found no receipts issued by Bersatu acknowledging donations from the companies or Azman.
"An examination of the chronology of project application letters, actions by the Ministry of Finance (MOF), the evaluation process, the receipt of Letters of Acceptance (SST) and the entry of money into the party's account showed a connection between the assistance provided by Muhyiddin to these companies and the entry of money into the Bersatu account.
"The most important fact I found was that all project application letters were sent to the accused and, secondly, the money was only deposited into the Bersatu party account after they received the SST and not before," he said.
The witness said Muhyiddin had also assisted Nepturis and Sutracom by making notes on their project application letters to enable their applications to be processed through a pre-qualification procedure.
"That action was a form of assistance because without the note, the then Finance Minister, Tengku Datuk Seri Zafrul Abdul Aziz, would not have acted on the applications by the companies," he said.
Mazery acknowledged that the final decision to award the projects remained subject to evaluation and approval by the MOF and the Public Works Department (JKR).
However, he said Muhyiddin's letters and notes had opened the way for the companies to be considered for the contracts.
"Based on my examination of the letters and notes made by Muhyiddin and the subsequent actions by the Ministry of Finance, the contents of the letters were not merely applications for consideration but instead showed an administrative directive that prompted further action by the Ministry of Finance until the companies were awarded the projects," he said.
Mazery said statements from company owners and representatives also supported the finding that payments to Bersatu were made because their companies had successfully secured Jana Wibawa projects.
He said the payments would not have been made had the projects not been awarded to the companies.
Asked by Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin why he concluded that Muhyiddin had abused his position, Mazery said the former prime minister had directed the MOF to assist companies that had submitted applications, subsequently secured projects and made payments to Bersatu.
Muhyiddin, 79, who was prime minister and Bersatu president at the time, is facing four charges of using his position to obtain RM225.3 million in gratification for the party from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd, KCJ Engineering Sdn Bhd and Azman, in connection with the Jana Wibawa projects.
He is alleged to have committed the offences at the Prime Minister's Office in Perdana Putra, Putrajaya, between March 1, 2020 and Aug 20, 2021, under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009.
The provision carries a maximum prison sentence of 20 years and a fine of five times the value of the gratification or RM10,000, whichever is higher, upon conviction.
The Pagoh MP also faces three charges of receiving proceeds from unlawful activities totalling RM200 million from Bukhary Equity Sdn Bhd, which were deposited into Bersatu's AmBank and CIMB Bank accounts in Petaling Jaya and Kuala Lumpur between February 2021 and July 2022.
He is charged under Section 4(1)(b), read together with Section 87(1), of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The offence carries a maximum prison term of 15 years and a fine of five times the value of the proceeds from unlawful activity or RM5 million, whichever is higher, upon conviction.
The trial before High Court Judge Noor Ruwena Md Nurdin continues tomorrow. - September 2, 2026