KUALA LUMPUR – An appeal to forfeit more than RM37 million from Bintulu MP Datuk Seri Tiong King Sing and eight others in relation to the Port Klang Free Zone (PKFZ) project was today dismissed by the Federal Court.
The Edge reported that a three-member bench led by justice Datuk Vernon Ong Lam Kiat upheld decisions by the appellate and high courts.
In a unanimous judgment, justice Datuk Seri Hasnah Mohammed Hashim said the prosecution failed on the balance of probability to prove its forfeiture case.
Aside from Tiong, the other respondents are PKFZ main contractor Kuala Dimensi Sdn Bhd (KDSB), Transshipment Megahub Bhd, Coastal Skyline Sdn Bhd, Wijaya Baru Aviation Sdn Bhd, Wijaya Baru Sdn Bhd, Wijaya Baru Construction Sdn Bhd, Law Ka Hieng and the Selangor State Development Corporation (PKNS).
Tiong is a former KDSB chief executive.
Today’s decision follows an affidavit from the investigating officer and deputy public prosecutor that did not stipulate the source or witnesses in alleging where the illegal proceeds came from, except to show the money trail.
“The affidavit by the prosecution shows a serious gap in the commission of the offence, whereas the respondent has provided and explained in detail,” Hasnah was quoted as saying in the proceedings, which were conducted online via Zoom.
“We found that the prosecution failed to prove the case on a balance of probability. The court ruled that the appeal has no merits, and we affirm the decision by the Court of Appeal.”
Counsel Shamsul Sulaiman appeared for PKNS, while the rest were represented by lawyer Datuk P. Ramchandran. DPP Faizah Mohd Salleh led the prosecution.
The forfeiture suit was based on the prosecution of former Port Klang Authority (PKA) general manager O.C. Phang, KDSB project manager Law Jenn Dong, architect Bernard Tan Swee Seng and KDSB chief operating officer Stephen Abok.
It was reported that the prosecution withdrew its case against Phang in 2016 and acquitted her. She was charged with three counts of criminal breach of trust.
The Sessions Court in March 2017 acquitted and discharged Law, Tan and Abok.
Hasnah said the prosecution submitted that its case is based on forfeiture, filed under Section 4(2) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds from Unlawful Activities Act 2001.
She said all the prosecution needed to do was prove the commission of the predicate offence – an offence of a larger crime.
She added that the prosecution’s contention was that Phang abused her position in committing CBT by releasing funds to KDSB without the PKA board’s approval.
“There is no evidence to support that she (Phang) acted beyond her authority. We (the Federal Court) examined the affidavit by the prosecution and police, where we noticed that it failed to describe whose statements were taken.
“The prosecution and police failed to provide the names and identities (of the witnesses) that led to reasons for their belief that the four accused committed an offence that led to money laundering.”
One of the arguments by the prosecution, she said, was that KDSB was to perform electrical infrastructure work on an area within the PKFZ project, but the work was not conducted, and there is proof that Tenaga Nasional Bhd did not approve the matter.
“This did not satisfy the balance of probability (burden of proof in civil proceedings) on the factual matrix. The prosecution failed to link the proceeds are a result of the predicate offence, hence, it can be considered as hearsay evidence.
“There is no documentary evidence shown or procured to represent illegal activity.”
The prosecution had sought to forfeit movable and immovable property that includes RM37.8 million in cash, plus a plot of land in Pulau Lumut, Klang, owned by Coastal Skyline, land in Kota Kinabalu, Sabah, owned by Wijaya Baru, and two plots in Section 13, Shah Alam, belonging to PKNS that were sold to KDSB.
The controversial PKFZ project cost had jumped from RM1.96 billion to RM7.45 billion.
Former transport ministers Tun Ling Liong Sik and Datuk Seri Chan Kong Choy were also charged with deceiving the cabinet over the project. Both have been acquitted. – The Vibes, January 13, 2021
