Rozman cited 'political implication' to defer appointing company - witness

 

The then-Labuan Port Authority (LPA) deputy chairperson Rozman Isli cited “political implication” to defer appointing a company to manage Merdeka Port Terminal in 2018, a MACC investigating officer testified.

Twenty-fourth prosecution witness Mohd Ahyar Salleh Hudin was giving oral evidence before the Kuala Lumpur Sessions Court today over his findings in his investigation that the former Labuan MP Rozman had committed abuse of power.

Rozman (above) is on trial over allegation that the accused - as then-officer of a government agency or deputy chairperson of LPA - had used his position to solicit bribes for an employment contract, namely to operate Dermaga Merdeka Pelabuhan Labuan, for Labuan Liberty Port Management Sdn Bhd (LLPM), in which his father and younger brother have an interest.

During examination-in-chief by deputy public prosecutors Abd Muntaqin Abdul Aziz Ahmad and Ahmad Feisal Mohd Azmi, Ahyar testified that during an LPA board meeting chaired by its chairperson Wee Jeck Seng on Jan 4, 2018, Rozman had proposed the decision to select a company to manage the port be deferred due to the “political implication” against him, amidst the backdrop of the then-impending 14th general election (GE14).

Wee is currently Tanjung Piai MP.

Ahyar testified that Rozman’s alleged proposal was linked to any decision by the LPA board to appoint company LP Multi Terminal Sdn Bhd to manage the port.

Port tariff

LP Multi Terminal was one among other companies shortlisted for the management of the port - the other being LLPM, which had among its shareholders Rozman’s father and younger brother.

Ahyar testified that another reason cited by Rozman during the meeting for the deferment was that the LPA has yet to finalise the port tariff. LLPM was then allowed an extension to manage the port via a sub-lease.

“Rozman as a public servant had never declared the interest of his father and younger brother as shareholders in LLPM in every meeting he attended and involved in the discussion,” Ahyar said, adding that the sub-lease to LLPM extended its management of the port from Nov 1, 2017 to March 31, 2020.

The anti-graft watchdog officer testified that the deferment decision resulted in LPA not receiving any income through the Merdeka Terminal Port other than payment of the lease only.

“LLPM obtained profit via the rate imposed on shipping agents using the Merdeka Terminal from Nov 1, 2017 to March 31, 2020,” he said.

However, during cross-examination by lead defence counsel Muhammad Rafique Rashid Ali, Ahyar conceded that Rozman’s “political implication” reasoning was not recorded in the minutes of the meeting.

The witness agreed that Rozman as then-deputy chairperson was not the highest-ranking member of the LPA board from 2017 to 2020.

Shortlisted companies

The witness conceded that all decisions by the LPA board were made collectively rather than the decision of Rozman himself, including on the deferment issue.

Ahyar said that Rozman, during these meetings, had never promoted LLPM as the company with the most potential to manage the port compared to the other shortlisted companies.

Rafique: You agree that based on your witness statement, the company that in the end (LPA) appointed was Straits Inter Logistics Sdn Bhd (rather than LLPM)?

Ahyar: Agreed.

The witness also said that Rozman was initially investigated by MACC for alleged solicitation and receiving of bribes, but that this investigation later went to purported abuse of power.

The MACC officer also conceded that the accused had never promised a reward for LLPM to be appointed to manage the port.

Later this afternoon during re-examination by Muntaqin, Ahyar testified that testimony he gathered from other LPA board members and the meeting secretariat showed that the “political implication” reason was the main consideration for the deferment, and not the port tariff yet to be finalised.

The witness claimed that the meeting secretariat shared with MACC about this in an “off-record” way.

Number two position

Ahyar pointed out that despite being then only LPA deputy chairperson, the accused was alleged to have still committed abuse of power using that number two position on the board.

"There is no difference between the deputy chairperson and the other board members," the witness contended.

After Ahyar completed his testimony, Feisal told the court the prosecution has closed its case against Rozman, after prosecutors have called 24 witnesses in the course of the trial.

Rozina then directed both the prosecution and defence to file their written submissions by April 4.

The trial judge also fixed April 6 for open-court proceedings for reply submission and clarification, informing parties that on that date, she would set a separate date to deliver her decision at the end of the prosecution’s case.

On Oct 14, 2021, before the Sessions Court, Rozman, 58, claimed trial to the single graft charge.

He was alleged to have committed the offence at the TKSU meeting room, Level 9, Transport Ministry, Jalan Tun Hussein, Precinct 4, Putrajaya, between 2.30pm and 5.30pm on March 21, 2018.

Rozman was Labuan MP from May 5, 2013 until Nov 19 last year.

The charge is framed under Section 23(1) of the MACC Act, which is punishable under Section 24(1) of the same Act with a maximum 20-year prison sentence and a fine of five times the amount of the bribe, or RM10,000, whichever is higher.

During a press conference held immediately after he was charged, Rozman claimed he was hauled to court over his refusal to defect from Warisan and back the Perikatan Nasional administration. - Mkini