KUALA LUMPUR,  April 14 — Hydroshoppe Sdn Bhd and its director are seeking to transfer to the High Court the trial of a high-profile bribery case involving an offer of RM500,000 annually over 15 years in connection with the takeover of the Kuala Lumpur Tower (KL Tower) concession.

A motion to that effect was filed by Datuk Abdul Hamid Shaikh Abdul Razak Shaikh, 52, and the company last April 1 through Messrs Chetan Jethwany & Company, naming the public prosecutor as the respondent.

In his supporting affidavit, Abdul Hamid said the case involves complex legal and constitutional issues that the Sessions Court may not be equipped to determine.

"The charges involve two separate entities, one against me as an individual under Section 16(b)(B) of the MACC Act, and another against the company under Section 17A(1)(a). Although separate, both are based on the same allegation, raising concerns over self-incrimination and potential double jeopardy,” he said.

He added that a High Court trial would allow both parties to appeal to a higher court, including the Federal Court, for a final determination on constitutional matters.

The case is linked to an alleged offer of bribes to former Communications and Multimedia Minister Tan Sri Annuar Musa in connection with the takeover of the Menara Kuala Lumpur concession.

During the proceedings today, Deputy Public Prosecutor (DPP) Nurul Qistini Qamarul Abrar informed Sessions Court Judge Suzana Hussin that the High Court has fixed May 15 to hear the transfer application.

She requested that the trial dates scheduled for May 7 and 8 be vacated pending the outcome of the application. The request was supported by defence counsel Tang Jia Yearn, who raised no objections.

Nurul Qistini was assisted by DPP Elyza Amira Habeeb Rahman and prosecuting officer Muhammad Taufik Awaludin.

Judge Suzana allowed the application to vacate the May dates, while maintaining other previously scheduled trial dates.

Earlier, the court had fixed trial dates on May 7 and 8, June 5, July 20 to 22, Aug 28, and Oct 5 to 7, 19 to 21, as well as December 1 to 4, 2026.

On April 5, 2023, Abdul Hamid was charged with offering a bribe through Datuk Tan Ser Lay as an inducement to Annuar to expedite the takeover of the Menara Kuala Lumpur concession by the company.

He was charged under Section 16(b)(B) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries a maximum penalty of 20 years’ imprisonment or a fine of five times the value of the bribe or RM10,000, whichever is higher.

The offence allegedly occurred at the Ministry of Communications and Multimedia in Putrajaya between July and August 2022.

Hydroshoppe is also charged under Section 17A(1)(a) of the MACC Act 2009 as a commercial organisation for jointly offering the bribe to Tan for Annuar’s benefit, at the same location and dates.

This charge is punishable by a fine of at least 10 times the bribe amount or RM1 million, whichever is higher, or up to 20 years in prison, or both, upon conviction. — Bernama