Ku Nan trial: Power to say no doesn't mean there's courage, says ex-mayor

The Kuala Lumpur mayor's power to say no to a minister's "proposal" doesn't mean there is courage to do so, former office bearer Mohd Amin Nordin told the Kuala Lumpur High Court today.

He said this when testifying in former federal territories minister Tengku Adnan Tengku Mansor's corruption case for receiving RM2 million from developer Aset Kayamas Sdn Bhd.

In his witness statement, Mohd Amin said Tengku Adnan had forwarded to him two letters the ex-minister received from Aset Kayamas over the sale of two lots of City Hall (DBKL) land prior to Mohd Amin's time in office. 

In the first letter to Tengku Adnan dated Aug 26, 2015, Aset Kayamas appealed for a postponement on the first 10 percent payment (RM2.356 million) for the two lots, and also for a discount.

The letter was then forwarded to Mohd Amin, with a handwritten note from Tengku Adnan saying: "Mayor, please postpone 10 percent repayment for 3 months."

Mohd Amin then instructed DBKL's then economic planning director Ab Salim Mansor to write a reply - which the mayor signed - based on the minister's "instructions" - approving the payment deferment.

Aset Kayamas then sent a second letter to Tengku Adnan (above) on Feb 3, 2016, asking for another payment postponement and a reduction in an increase to the sale price from 20 percent to 10 percent.

This time, the note from Tengku Adnan to Mohd Amin read: "Mayor. Agree (sic) land value plus 10 percent and postpone payment to April 1, 2016".

Again this request was forwarded to Ab Salim to work on.

Mohd Amin said DBKL later deliberated on Aset Kayamas' request and approved it as per Tengku Adnan's "instruction".

During cross-examination, Mohd Amin agreed with defence lead counsel Tan Hock Chuan that the notes written by the minister were just "suggestions".

Tan then put it that under the law, a minister may make "suggestions" and consent on DBKL land sale matters, but ultimately, the power to approve lies with City Hall. 

Mohd Amin replied: "The power may lie with the mayor, but the mayor does not have the courage to make a decision."

His reply elicited laughter from the court room, with Tan remarking that it was a "fair statement".

Meanwhile, Mohd Amin also agreed with Tan's suggestion that Tengku Adnan and DBKL had agreed to Aset Kayamas' request because the developer was giving City Hall a good deal.

This included building a hostel for the DBKL training institute on one of the lots it bought, as well as providing 120 units of affordable housing for sale to City Hall employees.

The prosecution, in its opening statement yesterday, highlighted the sale of the two DBKL lots to Aset Kayamas as proof of Tengku Adnan's close dealings with the company.

The prosecution said when Aset Kayamas first proposed buying the land to build low cost housing in Jan 2015, it was rejected by the Kuala Lumpur Mayor at the time (Ahmad Phesal Talib).

Aset Kayamas is then said to have engaged with Tengku Adnan, who played an active role in getting the project ultimately approved.

Tengku Adnan is accused of having asked Aset Kayamas owner Chai Kin Kong for RM5-6 million in June 2016 for by-election funds.

Chai responded with a RM2 million cheque from Aset Kayamas to Tengku Adnan owned Tadmansori Holdings Sdn Bhd.

The trial continues tomorrow with further cross examination of Mohd Amin. -Mkini