In a notice of application filed by law firm Chetan Jethwani & Company on April 1, Hamid said he expects complex legal issues and questions of law of unusual difficulty to arise from his case and a related one involving the company.
“I have been advised that the overall effect of the charges in both cases, including whether those charges contravene Articles 5, 7, and 8 of the Federal Constitution, constitutes a complex legal issue involving unusual difficulty.
“This is because, although both trial cases involve different entities and separate offences, the substance of both charges is based on the same allegation.
“In such circumstances, I was advised that this may potentially infringe my right against self-incrimination and expose me to the risk of double jeopardy,” he said.
Hamid also said the sessions court lacks jurisdiction to determine the constitutional issues he intends to raise.
“The substance of both charges, being based on the same allegation, raises complex issues including the interpretation of Sections 16(b)(B) and 17A(1)(a) of the Malaysian Anti-Corruption Commission (MACC) Act, and whether concurrent charges under both provisions are permissible given the similarity in the terminology used,” he said.
Section 16(b)(B) provides for the offence of giving gratification, while Section 17A(1)(a) concerns corporate liability for corruption committed by a company’s associated persons.
Hamid added that Section 17A(1)(a) of the MACC Act is relatively new, and the legal issues arising from it are novel.
“The fine distinctions in these novel and unusual issues must be properly identified, and this requires the expertise of a High Court judge with extensive experience and deep legal understanding,” he said.
Hamid said if the trial is conducted in the High Court, parties would have the opportunity to appeal to the Federal Court.
During case management today, deputy public prosecutor Nurul Qistini Qamarul Abrar informed sessions court judge Suzana Hussin that the High Court has fixed May 15 to hear the transfer application.
The court allowed the prosecution’s application to vacate trial dates previously set for May 7 and 8 pending disposal of the application.
Counsel Tang Jia Yern appeared for Hamid.
Hamid was charged on April 5, 2023.
He is accused of offering a bribe of RM500,000 annually for 15 years to one Tan Ser Lay for the benefit of former communications and multimedia minister Annuar Musa, allegedly to expedite the takeover of the management and concession of Kuala Lumpur Tower.
The charge was framed under Section 16(b)(B) of the MACC Act.
On the same day, Hydroshoppe was charged in a separate sessions court with a similar offence, with Hamid claiming trial on its behalf in his capacity as director.
The company’s charge was framed under Section 17A(1)(a) of the same Act.