Ku Nan graft trial: Prosecution has created reasonable doubt - defence

The prosecution failed to fully explore their own witnesses’ testimony that the RM2 million payment to Tengku Adnan Tengku Mansor was a political donation, the Kuala Lumpur High Court heard today.

During defence-stage submissions before Mohamed Zaini Mazlan, lead defence counsel Tan Hock Chuan argued that this proved fatal to the prosecution’s case.

The lawyer submitted that this is because the testimonies by the 19th prosecution witness, businessperson Chai Kin Kong, among others, strengthens the main line of defence that the money was not for Tengku Adnan personally but to help Umno in the Sungai Besar and Kuala Kangsar by-elections in 2016.

Tan pointed that the inference of the money being for political donation goes against the prosecution’s case, which hinged on the wording of the charge sheet itself, which among others alleged that the money was “for himself”.

“The prosecution cannot give its own slant on the evidence presented. This is not incidental evidence but key evidence in the case and the prosecution failed to examine this.

“We say that reasonable doubt has been created because the purpose of the RM2 million was for a political donation to Umno for the two by-elections,” Tan submitted as Tengku Adnan looked on from the dock.

During the prosecution stage of the trial on July 17 last year, 19th prosecution witness Chai testified that he gave the RM2 million cheque to Tengku Adnan as a political contribution.

The prosecution is expected to present its submissions and arguments when trial before Zaini resumes on Friday next week.

Tengku Adnan was charged in his capacity as a public servant, namely the then federal territories minister, with accepting for himself RM2 million from Chai, who is also the director of Aset Kayamas Sdn Bhd, via a Hong Leong Islamic Bank cheque belonging to Aset Kayamas.

The cheque was later deposited into the CIMB Bank account of Tadmansori Holdings Sdn Bhd, in which the accused had an interest when it was alleged that Aset Kayamas had a connection with his official duties.

The offence was purportedly committed at the Pusat Bandar Damansara branch of CIMB Bank Berhad on June 14, 2016.

The charge was framed under Section 165 of the Penal Code, which specifies a jail term of up to two years, fine, or both, on conviction.

On Oct 14 last year, the Kuala Lumpur High Court ordered him to enter his defence on the charge, upon ruling that the prosecution succeeded in establishing a prima facie case.

Tengku Adnan then chose to testify under oath from the witness stand when the defence stage of proceedings commenced on Jan 17. He completed giving evidence on March 5. - Mkini