The Sabah Water Department corruption trial was put off to January 22-24, 2024 after an objection was raised for a witness statement of an investigating officer (IO) be tendered as it was served less than 14 days before the continuation of the trial.

In his decision, judge Abu Bakar Manat ruled among others that the adjournment was to enable the witness statement to meet the requirement of 14 days as provided for under Section 402B(2) (c) of the Criminal Procedure Code.

He also ruled that it was also to save time for all parties in this case because if the IO testified verbally, it will take a long time.

“This is also to enable the defence counsel to prepare questions to the said witness,” he added.

Earlier, deputy public prosecutor Mahadi Abdul Jumaat told the court that the prosecution was ready to proceed with the IO as their next witness.

However, counsel Datuk Tan Hock Chuan, who represented Lim Lam Beng @ Lim Chee Hong, raised objection saying that the IO’s witness statement was not in compliance with Section 402B(2) (c) of the CPC.

Under the section, it says that a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings not later than 14 days before the commencement of the trial unless the parties otherwise agree.

Tan argued that they only received the first witness statement on December 1 and the second witness statement on December 4.

The prosecution replied that that the IO was ready to testify verbally to avoid further delay.

Former director of the said department, Ag Mohd Tahir Mohd Talib, 59, his wife Fauziah Hj Piut, 57, and former deputy director of the department, Lim, 68, were tried for alleged money laundering offences involving cash, bank savings as well as an alleged unlawful possession of luxurious items.

Ag Mohd Tahir faces 11 charges while Fauziah faces 19 charges under Section 4 (1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUA) 2001.

Fauziah has another two joint charges with Ag Mohd Tahir under Section 4 (1)(b) also of the same Act and Ag Mohd Tahir also has another charge under Section 4(1)(a) of the same Act.

The alleged offences against Ag Mohd Tahir and his spouse were committed at an office here, a house in Sembulan, at bank branches, at a condominium, in Sulaman and a tower in Kuala Lumpur between October 4 and November 4, 2016.

Lim was alleged to have committed the offences at the Malaysian Anti-Corruption Commission office at Jalan UMS and at a house here between October 13 and November 8, 2016.

Deputy public prosecutors Haresh Prakash Somiah and Zander Lim also handled the trial.

Counsel Priskila Akwila Sinem and Mohammed Fareez Mohammed Salleh represented Ag Mohd Tahir and Fauziah.

Counsel Baldev Singh, Karpaljit Singh and Kelvin Wong also defended Lim.

Source:
courtesy of THE BORNEO POST

by SURAINI ANDOKONG

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