KUALA LUMPUR, July 17 — Bumiputera contractor Nepturis Sdn Bhd’s managing director Mohd Rizman Akum Khan today told the High Court that he was unsure if the company’s RM1 million cheque to political party Parti Pribumi Bersatu Malaysia in February 2022 was a bribe, saying that only the company’s hidden shareholder Lian Tan Chuan (“TC Lian”) could answer.
Testifying as the 16th prosecution witness in Bersatu president and former prime minister Tan Sri Muhyiddin Yassin’s power abuse and money laundering trial, Rizman had confirmed that the company sent a February 1, 2021 letter to then-PM Muhyiddin to apply for a government project under the Bumiputera contractors’ programme Jana Wibawa.
The Public Works Department (JKR) on January 12, 2022 awarded the RM141 million contract to Nepturis to build the Klang Utara district police headquarters, while Rizman on February 16, 2022 — just about a month later — signed a company cheque for RM1 million to Bersatu.
The RM1 million cheque was deposited into Bersatu’s account on February 21, 2022.
When cross-examined by Muhyiddin’s lawyer Datuk Amer Hamzah Arshad, Rizman agreed that he had never given “rasuah” (bribes) to Muhyiddin or anyone else in relation to the RM141 million project, but was unsure if the RM1 million cheque was a bribe.
Amer: When you said Nepturis made payment of RM1 million to Bersatu, agree this is not ‘rasuah’, is not ‘suapan’ (gratification)?
Rizman: I’m not sure, only TC Lian can answer.
Rizman said that he was following Lian’s instructions to sign the RM1 million cheque, but said Lian did not tell him the purpose of the cheque.
When accepting the RM141 million project award, Rizman had on behalf of Nepturis signed a sworn declaration to JKR that the company representatives will not offer or five bribes to anyone as a reward for being selected for this government contract.
Rizman said he has never breached this declaration.
As part of the written sworn declaration, Rizman had agreed that JKR could terminate the contract if the company’s representatives had given such bribes, and had also promised to immediately file a report to the Malaysian Anti-Corruption Commission (MACC) or the police if there was such bribery.
Rizman agreed that JKR had not terminated the contract on corruption reasons, and confirmed he had never reported to the MACC about any bribery in relation to the project.
Was it donation or bribery?
Rizman agreed with Amer that Lian had not committed any wrongdoing when the latter gave instructions to “donate” to Bersatu.
Later when asked by lead prosecutor Datuk Wan Shaharuddin Wan Ladin, Rizman confirmed he was unsure about the legal terms of “rasuah” (bribery) and “suapan” (gratification).
Earlier, Rizman had told Amer that he understood “rasuah” to be “imbuhan” (gratuity or reward), and was unsure what “suapan” meant.
Rizman told Wan Shaharuddin that he understood “imbuhan” to mean “maybe if there was an assistance or to ‘balas budi’ (repay a good deed)”.
When asked who could confirm if Nepturis’ RM1 million to Bersatu was a donation or “imbuhan”, Rizman said this should be referred to Lian.
Rizman says Muhyiddin didn’t contact him over the project
During cross-examination by Amer, Rizman confirmed that Muhyiddin had never called him after Nepturis’ February 2021 letter to the then-PM about the project application, and said he did not know Muhyiddin.
Rizman confirmed that Muhyiddin did not communicate with him after Nepturis won the RM141 million project, and that Muhyiddin never made any enquiries to him whenever Nepturis received payment from JKR for work done on the project.
Amer: In fact, no question of ‘dah dapat duit belum’ (have you received money) from Tan Sri Muhyiddin Yassin?
Rizman: Agree.
Later, Rizman told Wan Shaharuddin that Nepturis had successfully won a bid for an earlier project for the National Centre for Disease Control (NCDC) in 2020 or 2021, and that this was not a project under Jana Wibawa and that he did not write to the prime minister to apply for this project.
Rizman said there was no donation made for the NCDC project.
Asked why Nepturis had then written a letter addressed to Muhyiddin for this RM141 million project, Rizman said he was following instructions from Lian.
Why was TC Lian’s name hidden from official records on Nepturis’ shareholders?
Rizman, who was appointed by Lian in 2018 to be Nepturis managing director, receives a monthly income of RM10,350 from Lian and said he follows the latter’s instructions.
Rizman previously said Lian had handed over Nepturis to him and Aliza Abd Malek, but that the two of them never paid any money when they took over the company’s shares.
Although the Companies Commission of Malaysia (SSM) records only have Rizman’s and Aliza’s name as having 50 per cent shares each in Nepturis, Rizman said the actual arrangement is that the two of them hold 35 per cent shares each while Lian holds 30 per cent.
While confirming that Lian’s name as a beneficial owner was not disclosed to SSM, Rizman said he did not know previously that the Companies Act required him to declare Lian’s shareholding to SSM.
Rizman disagreed that his failure as a company director to disclose Lian’s shares to SSM was an offence, saying that this is because he had only found out about the legal requirement now.
Rizman confirmed that Lian’s shares in Nepturis was not informed to the Finance Ministry and the Prime Minister’s Office.
Today, Amer suggested that Nepturis was not a fully Bumiputera company as claimed in its February 2021 letter to Muhyiddin due to Lian’s 30 per cent hidden shares, but Rizman insisted that the company was still a Bumiputera company as 70 per cent of it was held by him and Aliza.
Rizman later agreed that Nepturis is not a 100 per cent Bumiputera company.
On Tuesday, Amer had suggested the real reason that Lian had wanted his name omitted from Nepturis’ official records was to give an impression to the government that the company is 100 per cent owned by Bumiputera, but Rizman disagreed with this suggestion.
Responding today to deputy public prosecutor Noralis Mat’s questions, Rizman claimed that both he and Aliza did not lie to SSM, insisting that Lian did fully give the company over to them as his long-time staff.
“Just that now, Aliza and I need help from TC Lian in terms of capital, and also guidance for Nepturis Sdn Bhd’s operations. Aliza and I have long been with TC Lian, this is a golden opportunity for Aliza and I to upgrade ourselves, to progress more in the future,” he said.
He said there was an agreement to not include Lian’s name in Nepturis to ensure that Nepturis would not be affected if Lian’s company Metrasys Sdn Bhd face any problems in the future such as bankruptcy, and vice versa.
“This is our business strategy. It is not an element or intention for us to cheat anyone,” Rizman said.
In this trial, Muhyiddin is facing seven charges, namely four counts of alleged power abuse to obtain RM225.3 million in bribes for his party Bersatu (from Nepturis Sdn Bhd, Azman, Bukhary Equity Sdn Bhd and Mamfor Sdn Bhd), and three counts of alleged money laundering involving money that Bersatu received from Bukhary Equity.
The trial before High Court judge Noor Ruwena Md Nurdin resumes on July 27.
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