Tasek Gelugor MP Wan Saiful Wan Jan has filed an application to strike out two graft charges linked to the Jana Wibawa programme.
The former Besatu information chief's counsel from law firm Chetan Jethwani & Company filed the bid at the Sessions Court in Kuala Lumpur on Monday.
According to a copy of the affidavit supporting the application, Wan Saiful (above) claimed the two charges under Section 16(a)(A) of the MACC Act 2009 are defective.
He claimed the charges do not state the specific time and date of the offence he had allegedly committed, thus contravening Section 153 of the Criminal Procedure Code (CPC).
He alleged that the charges do not contain sufficient particulars to give enough notice to him on what alleged offence he had committed, thus violating Section 154 of the CPC.
Wan Saiful contended that these defects hindered his ability to present an effective defence, including gathering evidence to counter the allegations in the charges and determining whether he could rely on the defence of alibi.
He claimed the charges do not disclose any offence under Section 16(a)(A) because the mere act of helping to secure a project (which he reiterated his denial of being involved in) is not an offence.
"I wish to state that if I am said to have committed an offence under Section 16(a)(A) of MACC Act merely because of helping company Neptunis Sdn Bhd to secure projects from the government of Malaysia (which I deny), then all other workers such as secretaries, executive officers, company directors and government staff who are involved in the procurement of the project can also be said to have committed an offence.
"Therefore, I verily state that the allegation contained in the charges against me are not logical and absurd," Wan Saiful claimed.
He stressed that he had never at any time held any position in the government to enable him to make or influence any decision concerning giving government projects to private companies.
Wan Saiful's case is set for case management before the Sessions Court this afternoon.
Later, during the mention of the case, judge Rozina Ayob fixed June 27 to hear his striking-out application.
Deputy public prosecutor Mohd Afif Ali appeared for the prosecution.
Soliciting, receiving bribe
On Feb 21, Wan Saiful claimed trial to two charges - first for soliciting a bribe of an unspecified amount and second for receiving a bribe of RM6.96 million between July 8, 2022, and Sept 30, 2022.
The Tasek Gelugor MP was accused of soliciting a bribe from one Lian Tan Chuan as an inducement to help Nepturis Sdn Bhd secure a project called "Central Spine Road: Sertik Ke Persimpangan Lebuhraya Pantai Timur" from the federal government through pre-qualification.
The project was supposed to be valued at RM232 million.
The second charge accused Wan Saiful of receiving, through his company WSA Advisory Group Sdn Bhd, the RM6.96 million from Nepturis as an inducement to help the latter secure a letter of award for the same project.
He faces imprisonment of up to 20 years and a fine not less than five times the value of the inducement.
The criminal court had set bail at RM400,000 and ordered Wan Saiful's passport to be confiscated pending disposal of the case.
Jana Wibawa, an acronym for “Program Jana Ekonomi Pemerkasaan Kontraktor Bumiputera Berwibawa”, was a Covid-19 stimulus programme for bumiputera contractors.
The Muhyiddin Yassin administration introduced it in November 2020.
Parliament was told last week that the current administration had frozen Jana Wibawa projects worth RM5.7 billion, pending investigations. - Mkini
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