Former finance minister Tengku Zafrul Abdul Aziz told the Kuala Lumpur High Court today that minutes issued by then prime minister Muhyiddin Yassin in relation to the Jana Wibawa programme were directives that required consideration and follow-up action.
Zafrul (above, right), 53, said that based on his experience as finance minister, minutes from the prime minister were a directive that warranted attention because Muhyiddin was the prime minister at the time.
“Usually, minutes from the prime minister are a directive that requires us to take action. Otherwise, the machinery of government would not be able to function.
"However, taking action does not mean we have to do something improper," he said during re-examination by deputy public prosecutor Wan Shaharuddin Wan Ladin at the trial of Muhyiddin, who is facing seven charges of abuse of power and money laundering.
The 11th prosecution witness nevertheless stressed that minutes or instructions from Muhyiddin were given due consideration, but did not automatically result in the approval of a project.
Earlier, while reading his witness statement, Zafrul referred to minutes written by Muhyiddin on letters of support involving five companies in connection with the North Klang district police headquarters project in Selangor.
The companies were MZ Hakujaya Sdn Bhd, Nepturis Sdn Bhd, Fastcoll Corporation Sdn Bhd, Permata Rebana Sdn Bhd and JM Letrik Sdn Bhd.
When asked by Wan Shaharuddin whether he would disregard a matter if the prime minister had specifically directed that it need not be considered, Zafrul replied in the affirmative.
"Yes. If he (Muhyiddin) had issued a directive stating that the matter did not require consideration, we certainly would not have done so," he said.
Zafrul concluded his testimony today.
Memorandum issued
Zafrul's former senior private secretary, Wan Murtadza Wan Mahmud, 52, testified that a memorandum had been issued by the secretary of the Government Procurement Division (SPBK) concerning the proposed appointment of 54 contractors under the Jana Wibawa programme.
Reading his witness statement, Wan Murtadza said the memorandum served as a cover letter for a letter dated Nov 13, 2020, from the then prime minister to the finance minister.
"The document is a memorandum that I issued to (secretary) Zamzuri Abdul Aziz regarding the proposed appointment of 54 implementing contractors for 54 projects under the Jana Wibawa programme through direct negotiation (design and build)," he said.
However, Wan Murtadza said he was unaware of how the Prime Minister's Office (PMO) had evaluated the companies, adding that the PMO had also determined which projects would be awarded to each company.
"I can also confirm that the companies listed in this document were selected by the PMO, not by the Finance Ministry at the material time," he said.
Muhyiddin, 79, who was prime minister and Bersatu president at the material time, faces four charges of abusing his position to obtain RM225.3 million in gratification for the party from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd and Datuk Azman Yusoff in connection with the Jana Wibawa programme.
The alleged offences were committed at the Prime Minister's Office, Perdana Putra Building in Putrajaya, between March 1, 2020, and Aug 20, 2021.
He is charged under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009, which provides for a maximum prison sentence of 20 years and a fine of five times the value of the gratification or RM10,000, whichever is higher.
Muhyiddin, who is the Pagoh MP, also faces three charges of receiving RM200 million in proceeds from unlawful activities from Bukhary Equity Sdn Bhd, which were allegedly deposited into Bersatu's accounts at AmBank and CIMB Bank branches in Petaling Jaya and Kuala Lumpur between February 2021 and July 2022.
The charges are framed under Section 4(1)(b), read together with Section 87(1), of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a maximum prison sentence of 15 years and a fine of five times the value of the proceeds of unlawful activities or RM5 million, whichever is higher.
The trial before judge Noor Ruwena Nurdin resumes tomorrow.
- Bernama
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