Kota Kinabalu: The final curtain on the RM160 million Sabah water scandal – the State’s biggest – which has been delayed for nearly seven years looks set for further delay until clear instruction is received by the Chief Justice of Sabah and Sarawak.
The case was scheduled to resume Tuesday but was postponed to Jan. 20, next year, as Sessions Court Judge Abu Bakar Manat had just learnt that he was being transferred.
He has decided to await instruction from the Chief Judge of Sabah and Sarawak on who would continue to hear the trial, with nearly 30 witnesses already having testified.
“Today supposedly fixed for continuation of trial. However the date today has been changed to mention and has been informed to all parties,” said Abu Bakar.
Deputy Public Prosecutor (DPP) Haresh Prakash Somiah said they did not receive the official letter. He informed the court that the key witness, Teo Chee Kong, was ready to testify.
Teo, a former Deputy Director, had earlier turned MACC witness and is believed to have divulged through sworn testimony what the Malaysian Anti Corruption Commission wanted to know, including those involved in Sabah’s biggest corruption scandal, in return for surrendering RM30 million of the misappropriated money.
Counsel Marcel Jude, representing former State Water Department Director Ag Mohd Tahir Ag Ag Mohd Talib and his wife Fauziah Piut also said they were unable to proceed without prejudice to their client.
Counsel Baldev Singh, representing the third accused, former State Water Department deputy director Lim Lam Beng said they have received notice from the court that Tuesday was for mention.
“In this circumstances, pending instruction on whether your honour or a new judge will take over to hear the trial, we requested for a new mention date to be fixed,” Baldev said.
“This is important as the next witness to be called by the prosecution is a key witness and in case the new judge is instructed to hear the trial, the new judge will be at the serious disadvantage if he did not hear the testimony of the material witness,” he submitted.
DPP Zander Lim informed the court that they are ready with the witness, Teo Chee Kong, as they ave not received official notice but they later let the court decide on whether to continue the trial on Tuesday or on another date.
DPP Haresh in addressing Baldev’s submission, told the court that the prosecution would be writing to the CJSS so that Abu Bakar could continue hearing the trial until its completion.
“This is because about 30 witnesses had already been called and the next witness is the main witness where their testimony is related to the evidence that has been presented,” said Haresh, who also suggested to the court to fix the trial dates.
Abu Bakar then explained on the procedure regarding the transfer of judge and advised the prosecution to submit a letter of support to CJSS if they wanted him to continue hearing the case.
“Originally, to be fair, today set for three days trial but the issue is whether we can complete the testimony of this important witness within this three days...If not, to me it’s not fair...I really am in doubt if we can finish because it is a very important witness,” said Abu Bakar.
He added it would not be fair if the next trial judge is assigned and he has to take over. “So to be fair, it is better for us to take a clear instruction on who will take over this case,” said Abu Bakar.
Ag Mohd Tahir, 58, Fauziah, 55, were jointly tried with Lim Lam Beng, 66, to 37 counts of money laundering charges, involving cash and bank savings amounting to RM61.57million, as well as unlawful possession of luxury goods.
They had on Dec 29, 2016 pleaded not guilty to the charges.
Meanwhile, Marcel apologised to the court for his non-appearance in court during the proceedings on Oct 11.
“I was admitted to Gleneagles Hospital from Tuesday to Friday for uncontrolled diabetes mellitus. The hospital said that I have to be admitted for treatment as there is a likelihood that I would fall seriously ill during the trial due to the blood sugar being extremely high and at the dangerous level.
“I am now recovering and should be well and fit for all further dates whatever dates it may be. I will write in to the court and to the prosecution to give details of medical record from admission to discharge,” said Marcel and thanked the court for its consideration.
He informed the court that in his all his years of practice even when he was ill, he always attends court and never uses an MC as an excuse not to be present in court.
Marcel said this when asked by the prosecution to explain on him being absent on that day, which according to the prosecution had incurred a considerable amount of expenses and cost in the case on the said date.
Lim was also represented by counsel Datuk Tan Hock Chuan and Karpaljit Singh.
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