Ku Nan's corruption trial postponed pending appeal of judge’s recusal

KUALA LUMPUR, June 12 — Datuk Seri Tengku Adnan Tengku Mansor’s RM1 million corruption trial has been postponed pending the Federal Court’s decision on an appeal against the disqualification of the High Court judge who initially presided over the case.

This came after deputy public prosecutor Julia Ibrahim informed the court that the Federal Court had fixed July 17 to hear the prosecution’s appeal against the Court of Appeal’s decision to disqualify judge Mohd Nazlan Mohd Ghazali from hearing the former Federal Territories minister’s case.

She also told High Court Judge Datuk Muhammad Jamil Hussin, who has been assigned to take over the case, that the prosecution had also asked for a stay of the trial pending the outcome of their appeal. 

Judge Muhammad Jamil then fixed July 24 for case management.

Counsel Datuk Tan Hock Chuan represented Tengku Adnan. 

When met outside the court after the case management today, Julia told reporters that the prosecution had asked for a case management date to be fixed after the hearing of their appeal at the Federal Court.

“If we succeed in the appeal, the case will be brought back before judge Mohd Nazlan but if we fail, trial dates shall be fixed on the case management date,” she said.

On Feb 12, Tengku Adnan won his appeal at the Court of Appeal to recuse Judge Mohd Nazlan from hearing his RM1 million corruption trial.

In the 14-page written judgement dated May 15, Justice Datuk Rhodzariah Bujang, who chaired the three-member Court of Appeal bench, said Judge Mohd Nazlan might be biased despite his declaration that he would not be prejudiced against Tengku Adnan after presiding over the case of businessman Datuk Tan Eng Boon.

The case was subsequently transferred to another High Court before Judge Muhammad Jamil. 

On Sept 20, 2019, Judge Mohd Nazlan dismissed Tengku Adnan’s defence team application to recuse himself from presiding the case.

The application came after the guilty plea of Tan on Sept 17 last year on an alternative charge of abetting Tengku Adnan in receiving a RM1 million bribe. The judge then fined Tan RM1.5 million.

On Nov 15, 2018, Tan claimed trial to giving a bribe to Tengku Adnan by depositing a Public Bank cheque of RM1 million belonging to Pekan Nenas Industries Sdn Bhd into the then minister’s CIMB Bank account as gratification to Tengku Adnan for approving an application by Nucleus Properties Sdn Bhd (now known as Paragon City Development Sdn Bhd) to increase the company’s plot ratio in regard to a development project on Lot 228, Jalan Semarak here.

On the same day (Nov 15), Tengku Adnan, 69, claimed trial to receiving the RM1 million from Tan that was deposited into his CIMB Bank account as an inducement to assist the application by Nucleus Properties to increase the company’s plot ratio in regard to the same project, approved by DBKL.

The Putrajaya Member of Parliament also faced an alternative charge in his capacity as the former Federal Territories minister of receiving RM1 million from Tan via a Public Bank cheque belonging to Pekan Nenas Industries, which was deposited into his CIMB account, knowing that Tan, as a director of Nucleus Properties, had connections with his official duties. — Bernama