PUTRAJAYA: The Court of Appeal today heard that there is no miscarriage of justice in Datuk Seri Abdul Azeez Abdul Rahim's corruption case as the prosecution will ensure a fair trial for him.
Deputy public prosecutor Aslinda Ahad said the prosecution will prove its case based on the testimonies of witnesses who would be subjected to cross-examination by the Baling Member of Parliament's defence team.
Aslinda submitted this during the hearing of Abdul Azeez's appeal over the High Court's decision dismissing his application to strike out his 13 charges of receiving bribes and money laundering pertaining to road projects in Kedah and Perak obtained by company Menuju Asas Sdn Bhd.
"On the issue that there is a miscarriage of justice, we submit that there is no such thing because the appellant (Abdul Azeez) would not be denied of his right to a fair trial.
"The appellant will not be prejudiced at any stage as the prosecution will ensure that he gets a fair trial," Aslinda said.
On the appellant's contention on the lack of particularisation in his money laundering charges, Aslinda said there was no necessity to mention the specific form of unlawful activities as the charges can stand on their own.
She said the prosecution does not have to divulge the manner of the unlawful activities allegedly committed as it would be proven through the witnesses and evidence that will be presented in court during trial.
She also submitted that combining the four different projects involved in the case into a single charge does not make the charges defective.
The element of gratification in the charge, she said was not for each of the four projects but for all the four projects.
In the submissions in reply, Abdul Azeez's lawyer Amer Hamzah Arshad said his client has been a victim of political prosecution and that the whole trial should not be allowed to go on as it amounted to unjust suffering on his client.
He also said the ingredients on the particularisation on the charges was not fulfilled.
Before the proceeding adjourned, Amer told the court that his client wanted to personally say a few words in court.
The request was however rejected.
Court of Appeal judge Datuk Seri Kamaludin Md Said who chaired a three-member panel said normally the court would not allow such requests.
"I think it is in his (Abdul Azeez) interest not to do that because the media is here. It could be taken out of context," the judge said.
He added that it was good for Abdul Azeez to keep quiet at this point of time.
The other judges who presided were Datuk Abu Bakar Jais and Datuk Che Mohd Ruzima Razali.
The court deferred the decision to a date to be fixed later.
Abdul Azeez, 55, had filed the application to strike out the 13 charges on Dec 11 last year, claiming that the charges were defective, groundless and made in bad faith.
On March 12, High Court judge Datuk Muhammad Jamil Hussin dismissed the application ruling that the charges against the accused were not defective and the prosecution against him was in accordance to law.
On April 12, the court allowed the former Tabung Haji chairman's application for a stay of his trial at the Sessions Court pending his appeal at the Court of Appeal over the High Court's decision.
On Jan 16, 2019, Abdul Azeez 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.
For the bribery charges, 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 with abetting him (Azeez) 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 (Teluk 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.
So far, seven prosecution witnesses have testified in the trial which began on Aug 19 last year.