A Treasury official tells the High Court that the prime minister has no legal authority to direct direct project awards in Muhyiddin’s Jana Wibawa trial.
KUALA LUMPUR: The High Court was told today that the prime minister has no legal authority under government procurement laws and regulations to direct that a project be awarded directly to a specific company.
Treasury deputy secretary-general (Policy) at the Finance Ministry Datuk Zamzuri Abdul Aziz, 56, who was then underscretary of the ministry’s Government Procurement Division, said the authority to decide whether a project should be implemented through pre-qualification or direct negotiation rested with the finance minister.
He said for projects worth less than RM100 million, the relevant ministry’s Procurement Board had the authority to decide on the appointment of a contractor.
For projects worth more than RM100 million, the board would submit its recommendation or decision to the Ministry of Finance for approval.
Zamzuri, the prosecution’s 26th witness, said this in his witness statement during the trial of former prime minister Tan Sri Muhyiddin Yassin, who is facing seven charges of abuse of power and money laundering involving the Jana Wibawa projects.
When questioned by Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin, Zamzuri agreed that the Prime Minister’s Office (PMO) had been involved in the procurement and evaluation process for KCJ Engineering Sdn Bhd.
Yesterday, the prosecution’s 25th witness, Government Procurement Division secretary Datin Rosni Mohd Yusoff, told the court that KCJ Engineering had initially failed the contractor evaluation after it was found to have an ongoing troubled project and unsatisfactory work performance.
The company had applied for a project to build a new road linking Felda Bukit Jalor to Gemas, Negeri Sembilan.
Zamzuri agreed that the company initially failed the preliminary assessment by the Jana Wibawa Programme Contractor Evaluation Committee and would normally not have been considered further.
He also agreed that the PMO later provided additional information through a letter dated Nov 13, 2020, although he said he did not know why the information was provided.
In his witness statement, Zamzuri said he instructed Rosni, who chaired the committee, to evaluate KCJ Engineering after the company was listed in the PMO letter.
He said the letter was sent to then finance minister Tengku Datuk Seri Zafrul Tengku Abdul Aziz before being referred to him for action.
Zamzuri said that without the company being named in the PMO letter, the committee would not have evaluated it because only companies recommended by the PMO were assessed.
He said KCJ Engineering also could not have been awarded the project by the Public Works Department (JKR) without first undergoing the evaluation, as contractors appointed through direct negotiation under the Jana Wibawa programme had to be assessed before price negotiations and the issuance of the Letter of Acceptance by JKR.
Muhyiddin, 79, faces four charges of using his position as then Prime Minister and Bersatu president to obtain RM225.3 million in bribes for the party in connection with Jana Wibawa projects, and three money laundering charges involving RM200 million.
The charges were framed under the Malaysian Anti-Corruption Commission Act 2009 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The trial before Judge Noor Ruwena Md Nurdin continues tomorrow.
