Kong Choy acquitted of cheating Abdullah Badawi in PKFZ project

Former transport minister Tan Sri Chan Kong Choy was today acquitted of three counts of cheating former prime minister Tun Abdullah Ahmad Badawi in relation to the Port Klang Free Zone project.

DPP Datuk Nordin Hassan told The Malaysian Insider that the charges were dropped after considering the representation by lawyers of the accused.

The decision to drop the charges was conveyed to High Court judge Datuk Zamani Abdul Rahim in chambers.

Chan, who was present, refused to answer questions by the press.

He only uttered the word "thank you" and walked away with his group of supporters.

Chan's lead counsel Datuk Tan Hock Chuan told reporters that the prosecution also decided against going through a trial after studying the acquittal of another transport minister, Tun Dr Ling Liong Sik, for
allegedly cheating the Cabinet.

"Chan is now acquitted as the charges were formally dropped," he said.

Chan made a second representation to the Attorney General's Chambers to drop the charges against him after Dr Ling was freed by the High Court on October 25.

The High Court was informed of the representation on November 11 and Zamani fixed today for mention.

Dr Ling, a former MCA president, was acquitted of deceiving the Cabinet by failing to disclose an additional interest rate of 7.5% to the purchase price of RM25 psf in the PKFZ deal, despite knowing that the interest rate was already included in the price.

The AG's Chambers decided not to appeal against the acquittal as the judge's finding was made on facts.

In acquitting Dr Ling, High Court judge Datuk Ahmadi Asnawi ruled that the former minister could not be held accountable for any mistake, misleading information, or inaccuracy in the preparation of the ministry's documents regarding the land acquisition, although Ling signed the documents.

"If any, the blame should be apportioned wholly and squarely upon the officers of the Transport Ministry who drafted and prepared the documents," the judge said.

Chan was charged on February 28, 2011 with cheating Abdullah over the RM1.9 billion trans-shipment project between 2004 and 2006. He faced up to five years’ jail on each count.

The project was initially tagged at RM1.1 billion after it was mooted by Dr Ling in 1997, but more than quadrupled to RM4.6 billion by 2007.