Ku Nan fears not receiving fair trial, files bid to recuse judge

Former minister Tengku Adnan Tengku Mansor has filed a motion to recuse the judge presiding over his RM1 million graft trial, which was supposed to commence today.

The BN secretary-general said he feared he may not receive a fair trial from Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali, who meted out a sentence against businessperson Tan Boon Eng, another accused in the same trial.

"On Aug 9, the honourable court had allowed the application of the prosecution to have the joint trial (of Tan and me).

"On Sept 17, Tan pleaded guilty to an alternative charge under Section 165 of the Penal Code and was fined RM1.5 million before the court," Tengku Adnan said in an affidavit. 

The affidavit stated that the applicant (Tengku Adnan) "fears that he may not receive a fair trial".

"I believe when Tan pleaded guilty, the judge must have read the facts of the case presented before him by the prosecution. As such, I am worried and concerned that the judge may be influenced by the facts of the case.

"I was made to know from the media reports that Tan had agreed to testify against me as the prosecution witness before this court. I am very concerned and fear that the judge will believe his testimony given that Tan had pleaded guilty," he said.

Tengku Adnan said he wants his case to be transferred to another court. 

Justice Nazlan then fixed for tomorrow to hear the application to recuse himself.

The motion to recuse the judge was filed in court about 4pm yesterday.

On Nov 15, last year, Tengku Adnan pleaded not guilty to a charge of corruptly receiving RM1 million from Tan, to approve an application by a company to increase the plot ratio relating to a development project along Jalan Semarak. 

On the same day, Tan was charged under Section 16(b)(A) of the Malaysian Anti-Corruption Act 2009 for paying an RM1 million bribe to Tengku Adnan.

He was also charged under Section 165 of Penal Code for abetting Tengku Adnan in committing the offence, an alternative charge.

The alleged payment, made on Dec 27, 2013, was for Tengku Adnan, who is widely referred to as Ku Nan, for giving approval to the company's application to increase the plot ratio for land along Jalan Semarak, Kuala Lumpur.

However, Tan pleaded guilty under the alternative charge and was fined RM1.5 million. 

Previously, deputy public prosecutor Julia Ibrahim said Tan would be made one of the prosecution witnesses in the corruption trial against the former federal territories minister.

"Of course, he is going to be one of the witnesses," she had said and added that Tan had negotiated for a non-custodial sentence in return for his guilty plea.

Today, Julia told media that the prosecution will call about 30 witnesses in Tengku Adnan's case and originally planned to have five witnesses to testify on the first day of trial.  - Mkini