KUALA LUMPUR: The High Court here has allowed the prosecution’s application for a joint trial of former federal territories minister Tengku Adnan Tengku Mansor and businessman Tan Eng Boon over a RM1 million bribe related to land deals involving the Kuala Lumpur City Hall.
Judge Mohd Nazlan Mohd Ghazali said the trial could be consolidated as the date, time and monetary transactions were identical.
“The difference is that one is charged with giving bribes while the other is charged with accepting them,” he said.
He said the prosecution had also proven the exceptions for the joint trial under Section 170 of the Criminal Procedure Code.
He also noted that the list of documents given to the duo’s lawyers by the prosecution before the start of trial would be similar.
“There is a likelihood of the prosecution calling the same witnesses for both cases,” he added.
Nazlan also said Tan’s lawyer had not produced sufficient evidence to prove that his client would be seriously prejudiced if defence is called.
Tan’s lawyer, Faisal Moideen, submitted last week that as a co-accused, Tengku Adnan could not be compelled to give evidence or be cross-examined if he elects to remain silent.
Tan, the director of a property and development company, pleaded not guilty on Nov 15 last year to giving RM1 million in bribes to Tengku Adnan via a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd.
The cheque was deposited into a CIMB Bank account owned by Tengku Adnan.
Tan was charged with making the payment to Tengku Adnan for the approval of an application by Nucleus Properties Sdn Bhd (now known as Paragon City Development Sdn Bhd) to increase the industrial plot ratio of a piece of land at Jalan Semarak.
Tengku Adnan, who is Putrajaya MP, is charged with receiving the RM1 million from Tan.
The offence was allegedly committed at the Putra World Trade Centre CIMB bank branch here on Dec 27, 2013.
Nazlan fixed Aug 20 for case management to finalise the joint trial date.
The court had earlier fixed Tengku Adnan’s trial on Sept 3, 4, 5 10, 11 and 12 while Tan’s was fixed on Sept 18, 19 and 20.