PUTRAJAYA, July 16 — Former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor walked out a free man today after the Court of Appeal here allowed his appeal to set aside his conviction and sentence of 12-month jail and RM2 million fine on a graft charge.
Justice Datuk Suraya Othman, who read the 2-1 majority decision held that the RM2 million cheque that Tengku Adnan received from businessman Tan Sri Chai Kin Kong was a political donation to UMNO.
“We agree with the appellant’s counsel that it is trite that the prosecution is bound by the evidence of its own witness.
“It is our considered view that the evidence of Muhammad Saad Bordani, who was the investigating officer, is significant in that it revealed that the RM2 million cheque was a political donation to UMNO for the expenses of the Sg Besar and Kuala Kangsar by-elections in 2016,” she said.
Justice Datuk Ahmad Nasfy Yasin concurred with Justice Suraya, while Justice Datuk Abu Bakar Jais dissented.
Reading out the majority judgment, Justice Suraya said the court found nowhere in the grounds of judgment of the High Court judge that he considered the evidence of Chai, who was the 19th prosecution witness, and of the sixth prosecution witness, Datuk Mohd Hasbi Jaafar, who is Tadmansori Holdings Sdn Bhd (THSB) chief operating officer, that the RM2 million cheque was spent for the by-elections.
“Another crucial point, or issue, which the trial judge also failed to consider was the failure of the prosecution to re-examine the prosecution’s star witness, Tan Sri Chai, on his evidence that the sum of RM2 million was a political donation for UMNO.
“We find that such a failure on such a critical point or issue amounted to a non-direction which rendered the conviction unsafe,” said Justice Suraya.
On Dec 21 last year, Kuala Lumpur High Court Judge Mohamed Zaini Mazlan sentenced Tengku Adnan, known as Ku Nan, to 12-month jail and fine of RM2 million after finding him guilty.
Tengku Adnan, 70, was charged in his capacity as a public servant, namely Minister of Federal Territories, with having received for himself a total of RM2 million from Aset Kayamas Sdn Bhd (AKSB) director Tan Sri Chai Kin Kong via a cheque deposited into a bank account owned by Tadmansori Holdings Sdn Bhd (THSB), in which Tengku Adnan has an interest in and is known to AKSB as being related to his official duties.
Tengku Adnan, who is currently UMNO treasurer-general, was accused of committing the offence at CIMB Bank Berhad, Damansara Town Centre branch here on June 14, 2016, under Section 165 of the Penal Code which provides an imprisonment of up to two years or a fine or both.
