KUALA LUMPUR – Putrajaya MP Datuk Seri Tengku Adnan Tengku Mansor today saw his RM2 million graft conviction overturned by the Court of Appeal in a 2-1 majority decision.
The three-person bench was chaired by Datuk Suraya Othman, and panel member Datuk Ahmad Nasfy Yasin sided with the lawmaker while the dissent was handed down by Datuk Abu Bakar Jais.
Both judges agreed that the RM2 million allegedly misappropriated fund were for political donations for two by-elections.
The appellate court ruled that the high court made an error in judgement, and that there is no evidence suggesting property tycoon Tan Sri Chai Kin Kong was dishonest when testifying – making the conviction unsafe.
On April 22, Tengku Adnan’s lawyer, Datuk Tan Hock Chuan, submitted to the high court that RM2 million was a political donation from Chai to the Putrajaya MP.
This was based on witness testimony from Chai confirming the matter.
On December 21, the high court here had handed Tengku Adnan a 12-month jail term and RM2 million fine. However, it allowed his application for a stay of execution on both sentences pending an appeal.
Tengku Adnan was charged in his capacity as a public servant, namely Federal Territories minister, with receiving RM2 million for himself from businessman Tan Sri Chai Kin Kong, who is Aset Kayamas Sdn Bhd (AKSB) director.
A Hong Leong Islamic Bank cheque belonging to the company was deposited into a CIMB account owned by Tadmansori Holdings Sdn Bhd, which Tengku Adnan had an interest in and is known to AKSB as being related to his official duties.
The Putrajaya MP was accused of committing the offence at CIMB Bank Bhd’s Pusat Bandar Damansara branch on June 14, 2016.
The charge was framed under Section 165 of the Penal Code, which provides imprisonment of up to two years, or a fine, or both, if convicted.
Tengku Adnan was also last year given a discharge not amounting to acquittal (DNAA) in a RM1 million corruption case. The deputy public prosecutor who has been prosecuting since September 2018 had cited new developments in the case and instructions from higher-ups to seek a halt in the proceedings. – The Vibes, July 16, 2021
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