KUALA LUMPUR: Questions arose in the High Court today on the authenticity of a receipt allegedly received by a key prosecution witness from Tengku Adnan Tengku Mansor over a RM2 million political donation to Umno.
Malaysian Anti-Corruption Commission (MACC) assistant enforcement officer Nik Muhamad Faiez Idris said Umno's official receipt book was seized by him at the Umno headquarters as directed by the case investigating officer.
He seized the receipt book yesterday, a day after Aset Kayamas Sdn Bhd managing director Tan Sri Chai Kin Kong claimed to have a receipt bearing number 376241 for the RM2 million political donation.
Chai, who testified as the 19th prosecution witness, took the witness stand on July 17 and produced the receipt from his wallet which he had allegedly received from Umno.
Chai had said the receipt was given to him by Tengku Adnan on June 14, 2016, two days after he handed over a cheque addressed to Tandmansori Holdings Sdn Bhd at the latter’s office.
Nik Muhamad Faiez, who is the 20th prosecution witness, said today the book was seized by him at the Umno headquarters as directed by the investigating officer.
He said he went to the headquarters with his colleague and met a financial controller by the name of Faradila.
“She gave me a list of Umno’s official receipt books and I seized a book bearing the same receipt number as the one involved in this case,” he said when answering questions from deputy public prosecutor Julia Ibrahim.
However, when asked whether he found a copy of the receipt received by Chia in the book, he said “No”.
Julia: What is the date for the copy of receipt number 376240?
Nik Muhamad Faiez: Nov 12, 2018.
Julia: Can you find the copy for receipt number 376241?
Nik Muhamad Faiez: No.
Julia: What is the date for a copy of receipt number 376242?
Nik Muhamad Faiez: Nov 16, 2018.
The cross-examination by Tengku Adnan’s lead counsel Datuk Tan Hock Chuan will continue on Aug 1.
Earlier, Judge Mohamed Zaini Mazlan allowed the prosecution to call Nik Muhamad Faiez to testify following the revelation of the receipt.
He said the prosecution was allowed to call anyone as a witness who it deemed fit.
“The court cannot stop the prosecution from calling new witnesses.
“In relation to the continuation on Aug 1 and Aug 2, the defence will have an ample time to examine the receipt before continuing with their cross-examination,” he said.
Julia in her submission said the prosecution decided to call Nik Muhamad Faiez due to the latest discovery of the receipt.
“This is a new development as the witness did not inform us about it during investigation.
“The document was never in our possession and knowledge, and thus, we cannot submit it to the defence team before the trial,” she said.
Tan who objected to the application, said the document should have been checked and obtained by the prosecution before the trial commenced.
“The accused shall be given a reasonable time to examine the document,” he said.
Chai, in a witness statement tendered to court also confirmed that he had paid RM2 million to Tandmansori Holdings after Tengku Adnan told him that Umno needed between RM5 million and RM6 million for by-elections.
The prosecution, in its opening statement, alleged that there was a conflict of interest between Tengku Adnan’s position as the then Federal Territories Minister and that of Aset Kayamas’s property development activities.
Aset Kayamas was founded by Chia in 2011 and deals with housing development projects.
Tengku Adnan is charged with accepting RM2 million from Chai via a cheque belonging to Aset Kayamas, which was deposited into a bank account belonging to Tadmansori Holdings.
He allegedly committed the offence in his capacity as a public servant, as the federal territories minister, at CIMB Bank Bhd, Pusat Bandar Damansara branch, level 1, Lot A4, Block A, Pusat Bandar Damansara, here, on June 14, 2016.