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FORMER Senior Political Secretary to the Prime Minister, Datuk Seri Shamsul Iskandar Mohd Akin, has applied for his five corruption charges to be transferred from the Sessions Court to the High Court, arguing that the case involves complex legal and constitutional questions.
Shamsul Iskandar, 51, pleaded not guilty on 3 December last year in the Kuala Lumpur Sessions Court to four corruption charges amounting to RM176,829.03 linked to the approval of mineral exploration licences in Sabah.
Two days later, he was charged with a further count involving RM64,924 in connection with the same matter.
In a supporting affidavit, he said the application was made because the charges against him raise intricate questions of law, including the application of the Malaysian Anti-Corruption Commission Act 2009 in cases involving political donations, as well as technical statutory interpretations.
He contended that the expertise and experience of a High Court judge would be crucial during trial, particularly on issues of constitutional interpretation under the Act.
He said he had been advised by his solicitors and believed that if the trial were conducted in the High Court, the parties would have the opportunity to appeal to the Federal Court for a final determination, especially on matters concerning the constitutionality of provisions under the MACC Act.
"I also believe that the decisions and reasoning of the higher courts, particularly the Federal Court, will provide guidance and benefit to other courts," he said.
His counsel, Datuk Amer Hamzah Arshad, said the transfer application was filed at the High Court on 4 February. Speaking to the media following case management proceedings conducted via e-Review, he said the hearing of the application had been fixed for 9 April.
Among the grounds advanced for the transfer are that the case raises extraordinary legal and constitutional issues under the MACC Act 2009 that can only be determined by the High Court and subsequently the Federal Court.
The defence also argued that the matter is of public interest as it involves charges against a former Senior Political Secretary to the Prime Minister and that no party would be prejudiced by the transfer.
Under the first charge, Shamsul Iskandar, as an agent of the Government of Malaysia in his capacity as Senior Political Secretary to the Prime Minister, is alleged to have corruptly agreed to receive RM100,000 in cash from businessman Tei Jiann Cheing, also known as Albert Tei, as an inducement to perform an act in relation to his principal’s affairs.
The alleged inducement was said to be in return for assisting a company in which Jiann Cheing had an interest to obtain approval for a mineral exploration licence in Sabah, although the act had no connection with the affairs of the accused’s principal.
The offence was allegedly committed at the car park of YTL Majestic Hotel, No 5 Jalan Sultan Hishamuddin, Kuala Lumpur, on 24 November 2023.
He is also accused of obtaining RM40,000 in cash from the same individual for a similar purpose at premises in Jalan Medang Serai, Bukit Bandaraya, on 29 January 2024.
Two further charges allege that he obtained bribes in the form of furniture and electrical appliances valued at RM14,580.03 and RM22,249 from the same individual for the same purpose.
The offences were allegedly committed at premises in Jalan Medang Serai, Bukit Bandaraya, between 7 December 2023 and 31 January 2024, and at Jalan P14A 1/1, Precinct 14, Putrajaya, between 26 February and 5 March 2024.
For the four principal charges, he is accused under Section 17(a) of the Malaysian Anti-Corruption Commission Act 2009, punishable under Section 24(1) of the same Act. - February 16, 2026