KUALA LUMPUR: The High Court today heard that the prosecution against former Tabung Haji chairman Datuk Seri Abdul Azeez Abdul Rahim was done in bad faith.
Counsel Amer Hamzah Arshad, who represented Azeez, said this could be seen since the beginning of the investigation process of the latter's case.
The Baling Member of Parliament, whose trial is ongoing at the Sessions Court, is seeking for his 13 charges of receiving kickbacks and money laundering to be struck out.
In his submissions, Amer said soon after the 14th general election in May 2018, his client's house was raided by the Malaysian Anti-Corruption Commission (MACC) pursuant to a report received by the anti-graft agency.
However, he said no statement was recorded from Azeez and this was confirmed by the prosecution through an affidavit in reply by the investigating officer of the case.
"Even when the house was raided, no statement was recorded... You acted on a complaint, there must first be a reasonable cause to suspect that there must be some evidence that the applicant (Azeez) had committed an offence under the MACC Act.
"There was certainly no reasonable suspicion at that point in time as the applicant was never questioned about the commission of any offence," Amer said.
He said Azeez was initially arrested for investigations into the embezzlement of Tabung Haji funds, but later in the charges faced by Azeez, there was no mention of Tabung Haji at all.
He added that during the entire period when Azeez was arrested and released on police bail, the MACC had come up with a narrative that the investigation was related to Tabung Haji and this could be seen from the media reports.
"MACC painted the applicant as being someone investigated for allegedly doing some unlawful act in relation to Tabung Haji.
"However, there was not a single charge relating to Tabung Haji (against the applicant)," he added.
He contended that the charges against Azeez were instituted in bad faith to tarnish the latter's reputation as an MP.
Amer also said the charges against Azeez were defective as they lack particularisation.
He said for the first to ninth amended money laundering charges, the prosecution had failed to particularise the form of proceeds as well as the manner upon the said proceeds were received by the applicant.
He also said there were no specific dates and locations stated in the charges.
He submitted that the law demands that any charges against an accused must contain sufficient particulars in respect of the time and place an offence was committed.
"From the outset, the charges were not clear, so how do you expect the applicant to answer to the charges?" he said.
He said although the prosecution had amended the charges, the amendments did not make them any better or any clearer.
Meanwhile, deputy public prosecutor Aslinda Ahad said Azeez's application was premature and was an abuse of the court process.
She said the trial had commenced with five prosecution witnesses called to testify so far.
"This case cannot be seen in isolation but has to be seen as a whole.
"We will call more witnesses to testify and for now it is unreasonable for the court to strike out the charges against the applicant," she said.
She said although the applicant claimed that the amendments to the charges were defective, it would not harm the prosecution's case as the applicant was never prejudiced by the amendments.
She added that the defence could challenge the evidence of the prosecution witnesses during the trial.
After hearing the submissions, High Court judge Datuk Muhammad Jamil Hussin fixed March 12 to deliver his decision.
Azeez filed the application to strike out the 13 charges on Dec 11, last year.
Azeez, 54, was charged with three counts of accepting bribes totalling RM5.2 million in connection with road projects in Perak and Kedah as well as 10 counts of money laundering.
He is accused of committing the offences at CIMB Bank, Jalan Tun Perak in Kuala Lumpur on Dec 8, 2010, and at Affin Bank, Pusat Bandar Puchong in Selangor on June 13, 2017, and April 10, 2018, while the money laundering offences were allegedly committed in the Klang Valley area between March 8, 2010, and Aug 30, 2018.
He was initially charged with his brother, Abdul Latif, 63, who was accused of abetting him in obtaining a RM4 million bribe from Mohammad Redzuan Mohanan Abdullah as gratification to help Syarikat Menuju Asas Sdn Bhd secure road projects through limited tender from the Works Ministry.
The project involved the Pantai Baru Coastal Expressway Project, upgrading works of Federal Road FT005 (eluk Intan to Kampung Lekir, Perak) valued at RM644,480,000.
However, on Feb 8, Abdul Latif was given a discharge not amounting to an acquittal (DNAA) of the abetment charges to become a witness against his brother.