KUALA LUMPUR: The year 2020 has been eventful for the country’s judiciary with verdicts made over several high-profile cases, with the most prominent involving former prime minister Najib Razak.
Other court cases that took centre stage this year included those on the 1MDB scandal, and corruption, criminal breach of trust (CBT) and money laundering cases which involved prominent leaders.
On July 28, Najib was sentenced to 12 years’ jail and fined RM210 million by the Kuala Lumpur High Court which found him guilty on seven charges of CBT, money laundering and abuse of position involving RM42 million of SRC International Sdn Bhd funds.
Justice Mohd Nazlan Ghazali, in his 801-page grounds of judgment dated Aug 21, regarded the case as the worst kind of CBT involving a prime minister.
Najib, 67, filed an appeal and submitted 307 grounds why he should be freed of the charges.
The Court of Appeal fixed 12 days next year – from Feb 15 to 18, Feb 22 to 25 and March 1 to 4 – to hear the appeal by the Pekan MP, who is currently out on bail of RM2 million in two sureties.
Last Monday, the High Court sentenced former Federal Territories minister Tengku Adnan Mansor, 70, to 12 months’ jail and fined him RM2 million, in default six months’ jail, after finding him guilty of receiving RM2 million from a businessman in 2016.
However, judge Mohamed Zaini Mazlan granted Tengku Adnan’s application for a stay of execution of the jail term and fine pending his appeal.
The judge held, among others, that the RM2 million given by businessman Chai Kin Kong to Tengku Adnan had remained in Tadmansori Holdings Sdn Bhd’s (THSB) account for Tengku Adnan’s benefit and that he had used the company, which he owns, as a facade to receive the fruits of his crime.
It was the second high-profile case involving Umno leaders found guilty of criminal charges that were filed during Pakatan Harapan’s administration, following the fall of the Barisan Nasional government in May 2018.
Tengku Adnan was also charged in the High Court with accepting a RM1 million bribe from another businessman, Tan Eng Boon, but was given a discharge not amounting to an acquittal (DNAA) on Dec 7.
The money was allegedly deposited into Tengku Adnan’s CIMB Bank account as an inducement to assist an application by Nucleus Properties Sdn Bhd to increase the company’s plot ratio with regard to a development project at Jalan Semarak here.
Tan had pleaded guilty to an alternative charge with abetting the politician in committing the offence, and was fined RM1.5 million.
Meanwhile, Najib’s stepson, Hollywood producer Riza Shahriz Abdul Aziz, was also given a DNAA by the Sessions Court here last May 14 for money laundering, involving US$248 million (RM1.25 billion), allegedly misappropriated from 1MDB funds.
He was given the DNAA following an agreement with the prosecution under the terms of which the federal government will receive a substantial sum running into several million ringgit.
The Malaysian Anti-Corruption Commission (MACC) said the government was expected to recover assets worth US$107.3 million (RM465.3 million).
On Sept 4, the High Court acquitted and discharged UK-based Goldman Sachs International Ltd and its two Asian entities – Goldman Sachs (Asia) LLC and Goldman Sachs (Singapore) – on charges relating to the sale of 1MDB bonds amounting to RM27.2 billion (US$6.5 billion) after the prosecution withdrew all the charges against them.
Another high-profile case involved former Sabah chief minister Musa Aman, who was acquitted on 46 corruption and money laundering charges in connection with contracts for timber concessions in the state.
The prosecution informed judge Muhammad Jamil Hussin that it had withdrawn all the charges made against Musa, 69.
On June 16, the High Court ordered former Felda chairman Mohd Isa Samad to enter his defence on nine corruption charges, involving RM3 million, in connection with the purchase of Merdeka Palace Hotel & Suites (MPHS) by Felda Investment Corporation Sdn Bhd (FICSB).
However, Isa was discharged and acquitted on one criminal breach of trust (CBT) charge over the hotel purchase for RM160 million without the approval of the Felda board of directors.
On Dec 11, the prosecution in Rosmah Mansor’s corruption trial involving the solar hybrid project for rural schools in Sarawak closed its case after calling 23 witnesses.
High Court judge Mohamed Zaini Mazlan fixed Feb 10 next year to hear the oral submissions before deciding whether to acquit or order Najib’s wife to enter her defence.
Najib and two of his sons were also sued by the Inland Revenue Board (LHDN) for not paying their taxes.
IRB had obtained a summary judgment against them, whereby the court had ordered Najib, Mohd Nazifuddin, 37, and Mohamad Nizar, 42, to pay a total of RM1.74 billion.
The amount owed by Najib is RM1.69 billion, Mohd Nazifuddin (RM37.6 million) and Mohamad Nizar (RM13.16 million).
The three appealed against the ruling and the Court of Appeal had set June 16 for the hearing.
Tengku Adnan was also sued by LHDN for income tax arrears, but the matter was resolved amicably at the High Court on Sept 23 with Tengku Adnan agreeing to pay RM40,358,336.61.
Another case that took centre stage this year centred around the Penang undersea tunnel project, with former chief minister Lim Guan Eng facing charges for corruption and criminal breach of trust (CBT).
Lim, 60, was charged in the Sessions Court here and in Butterworth last August on two corruption charges and two CBT charges, with all of them to be tried at the Sessions Court here.
Lim, the former finance minister, was also slapped with one corruption charge at the Butterworth Sessions Court for allegedly helping to secure a project for a company, while businesswoman Phang Li Koon was charged with abetting him. Lim’s wife, Betty Chew Gek Cheng, was also charged with money laundering.
The cases have been fixed for mention on Feb 19.
Meanwhile, a former member of the police Special Action Unit (UTK), Azilah Hadri, failed in his final legal bid to set aside his conviction and death sentence for the murder of Mongolian woman Altantuya Shaariibuu, following the Federal Court’s decision in dismissing his review application against the conviction on Dec 8.
Azilah has one option left – to seek a royal pardon from the Sultan of Selangor. He has filed an application to have the death sentence commuted to a prison term.
Decisions on some civil matters also made headlines, including the one made by the High Court on Aug 7 in allowing an application by Prime Minister Muhyiddin Yassin and three others to strike out a suit brought by former prime minister Dr Mahathir Mohamad and five others over the nullification of their membership in PPBM.
Another is the High Court ruling on Sept 3 that the one-day Parliament sitting on May 18 was valid and in accordance with the law, even though it was unusual and unprecedented, to avoid the spread of Covid-19.