KUALA LUMPUR: The RM1 million corruption case of Tengku Adnan Tengku Mansor, scheduled to run for two days, failed to begin today as the former minister filed a motion to recuse the trial judge.
Lawyer Tan Hock Chuan said his client had filed the action as judge Mohd Nazlan Mohd Ghazali could be biased.
In his affidavit in support of the application, Tengku Adnan, popularly known as Ku Nan, said he would not receive a fair trial as Nazlan knew the facts of his case after having sentenced businessman Tan Eng Boon who pleaded guilty to abetment on Tuesday.
He said the media had also reported that Eng Boon would be one of the prosecution witnesses in his trial.
“Justice must not only be done, but must also be seen to be done,” he said, adding that Nazlan could be influenced by the facts in Eng Boon’s case.
Nazlan ordered deputy public prosecutor Julia Ibrahim to file an affidavit in reply to the accused’s application by 3pm today.
The judge will hear the recusal application tomorrow.
Nazlan fined Eng Boon RM1.5 million for abetting in a RM1 million bribe to Ku Nan over land deals involving the Kuala Lumpur City Hall.
Eng Boon, 70, pleaded guilty to an amended charge under Section 165 of the Penal Code which carries a two-year jail term, a fine or both upon conviction.
In imposing the sentence, Nazlan said he had also taken into consideration that Eng Boon had abetted another person in committing the crime in which both were jointly charged.
Eng Boon, the director of a property and development company, was accused of giving Ku Nan RM1 million in bribes through a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd.
The cheque was deposited into a CIMB Bank account owned by Ku Nan.
The Putrajaya MP meanwhile was charged with receiving the RM1 million payment from Eng Boon to approve 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 on Jalan Semarak.
The offence was allegedly committed at the Putra World Trade Centre CIMB bank branch on Dec 27, 2013.
Ku Nan was charged under Section 24(1) of the Malaysian Anti-Corruption Commission Act. If convicted, he could be jailed up to 20 years and fined five times the gratification amount.