Former Tabung Haji chairperson Abdul Azeez Abdul Rahim has pleaded not guilty to one count of abuse of power under Section 23(1) of the MACC Act 2009 at the Kuala Lumpur Sessions Court this morning.
Azeez was alleged to have abused his position as Tabung Haji chairperson in 2014 to receive, as gratification, the position of Putrajaya Perdana Berhad chairperson, which comes with RM690,000 yearly remuneration, a BMW Series 7 car and a dedicated driver.
The charge sheet detailed that Azeez had achieved this by directing then Tabung Haji CEO Ismee Ismail to name him as the haj fund's representative in Putrajaya Perdana.
Azeez was also alleged to have directed Ismee to persuade other Tabung Haji board members at a meeting to approve the proposal to invest up to RM193.5 million in Putrajaya Perdana, in which he had an interest.
He was accused of committing the offence at the Tabung Haji board meeting room at the institution's office in Kuala Lumpur on Aug 25, 2014.
His charge, framed under Section 23(1), carries a maximum of 20 years and a fine of not more than five times the amount of gratification or RM10,000, whichever is higher.
Azeez pleaded not guilty to the charge before judge Azura Alwi.
RM450k bail
The prosecution, led by deputy public prosecutor Ahmad Akram Gharib, submitted that offences under Section 23(1) are non-bailable.
However, he added that the court has the discretion to grant bail and in that case, the prosecution proposed RM1 million bail, with local sureties instead of Azeez’s family members.
The amount was proposed given the gravity of the alleged offence and Azeez’s standing in society.
“Cases involving high-profile individuals, such as community leaders, attract extensive media coverage. (In this case) the accused is a well-known figure.
“Consequently, the bail amount imposed by the court must reflect the gravity of the offence with which the accused is charged.”
The prosecution also suggested additional bail conditions, such as for the accused to report to the MACC office once every three months and to surrender his passport.
Azeez’s lawyer Amer Hamzah Arshad, in reply, said the proposed amount was excessive and that an amount of RM100,000 would be sufficient with one surety, regardless of whether it was local or his family members.
The defence counsel pointed out that Azeez has been cooperating well with the authorities since his arrest last month.
“He (Azeez) could have absconded if he intended to do so. Instead, he called us (lawyers) to defend him,” the lawyer said.
The court then ordered RM450,000 bail for Azeez, with two sureties, and for him to report to the MACC office once every three months.
Further remand
However, despite being granted bail, the former Baling MP will remain in police custody following an earlier remand order to assist investigations into Tabung Haji hibah payments.
Sessions Court judge Afiq Zuber, who acted as a magistrate, this morning granted the police's application for a two-day remand against three individuals, including Azeez, a former Tabung Haji chief executive officer and its former chief financial officer.
Azeez was previously remanded for seven days, between Aug 27 and Sept 2, along with former Treasury secretary-general Irwan Serigar Abdullah, to assist the MACC investigation into the royal commission of inquiry report on Tabung Haji.
The report, published on July 29, recommended, among other measures, a forensic audit to examine past investment decision-making that led to a significant decline in the institution’s asset value.
The report, which examined Tabung Haji’s management and operations between 2014 and 2020, also identified investments requiring a forensic audit. It also identified suspicious transactions and concealed information.
Previous RM5.2m graft case
This is not the first time Azeez is in court for graft.
In 2019, he was charged with three counts of accepting bribes totalling RM5.2 million linked to road projects in Perak and Kedah, as well as 10 counts of money laundering.
He was charged before Azura and was granted discharge not amounting to an acquittal by the same judge on Sept 23, 2022, following a representation letter he submitted to the Attorney-General’s Chambers pursuant to Section 254(3) of the Criminal Procedure Code.
On Dec 23 the same year, the Kuala Lumpur High Court acquitted him of all charges, as the prosecution did not object to Azeez’s acquittal application at that time. - Mkini
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