Abdul Latif Abdul Rahim is seeking full acquittal of abetting his younger brother and ex-Tabung Haji chairperson Abdul Azeez, to accept bribes linked to highway projects in Perak and Kedah.
Latif (above) has appealed against the Kuala Lumpur Sessions Court decision on Feb 8 on the prosecution’s application for him to be granted a discharge not amounting to an acquittal (DNAA) over the two abetment charges.
The prosecution had sought the DNAA so that Latif could testify for them in the corruption and money laundering trial against Azeez.
However, Latif’s counsel lawyer Jahaberdeen Mohamed Yunoos reportedly said he had applied for the lower court to discharge and acquit his client of the two charges. This is the opposite of the prosecution’s application for DNAA in the case.
Under criminal law in Malaysia, an accused granted a DNAA could theoretically be charged again for the same offence, while a full acquittal would bar the prosecution from seeking to recharge him or her for the same crime.
Azeez’ corruption and money trial before the Kuala Lumpur Sessions however is currently stayed, pending the Baling MP’s appeal at the Court of Appeal.
The lawmaker’s appeal seeks to overturn the Kuala Lumpur High Court’s decision on March 12 which dismissed Azeez’ application to quash the three corruption and 10 money laundering charges against him.
Deputy public prosecutor Aslinda Ahad told Malaysiakini this evening that Latif filed the appeal with the Kuala Lumpur High Court back in February.
“The appeal seeks to obtain (for Latif) an acquittal and discharge (full acquittal),” Aslinda said.
The DPP explained that Latif’s appeal came up for mention before the High Court earlier today.
According to the online cause list, Latif’s appeal will be heard by Kuala Lumpur High Court judge Collin Lawrence Sequerah at 9am on Dec 10.
When contacted by Malaysiakini, a representative from law firm Messrs Jahaberdeen & Co, confirmed that the appeal was filed at the Kuala Lumpur High Court.
The law firm is acting for Latif in the appeal.
The law firm’s representative explained that Latif is seeking for the High Court to substitute the DNAA ruling with a full acquittal of the two abetment charges.
Azeez, 54, faces three counts of accepting bribes amounting to RM5.2 million in relation to road projects in Perak and Kedah, as well as 10 counts of money laundering.
The Baling MP allegedly committed the graft offences at CIMB Bank, Jalan Tun Perak in Kuala Lumpur on Dec 8, 2010, and at Affin Bank, Pusat Bandar Puchong in Selangor on June 13, 2017, and April 10, 2018.
He was accused of committing money laundering offences in the Klang Valley, between March 8, 2010, and Aug 30, 2018.
Prior to the DNAA ruling, Latif, 63, was accused of abetting Azeez to obtain an RM4 million bribe from one Mohammad Redzuan Mohanan Abdullah, as gratification to help Menuju Asas Sdn Bhd secure road projects, via limited tender from the Works Ministry.
The project involved the Pantai Baru Coastal Expressway Project, upgrading works of Federal Road FT005 ( Teluk Intan to Kampung Lekir, Perak) valued at RM644,480,000.
He was alleged to have committed both abetment offences at Affin Bank, Pusat Bandar Puchong in Selangor on June 13, 2017, and April 10, 2018. - Mkini
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