Kota Kinabalu: Sabah’s biggest RM130 million corruption trial involving two former Sabah Water Department officials and one of their wives came to a standstill, Tuesday, when the counsel representing one of the accused was nowhere to be seen.
He also faces action if it was indeed true that he had filed an application for plea bargaining without the consent and approval of his clients, prior to “going missing”.
The court then adjourned to Wednesday (Oct 13) when told that Marcel Jude, who represented former Director Ag Mohd Tahir Mohd Talib and his wife Fauziah Piut, had checked into a hospital. However, court officials were confused upon learning that he had been to both Jesselton Medical Centre (JMC) as well as Gleneagles.
The prosecution had earlier informed Sessions Court Judge Abu Bakar Manat that they are ready to proceed with three witnesses. Deputy Public Prosecutor (DPP) Mahadi Abdul Jumaat said only Marcel was absent whereas counsel for the third accused, Lim Lam Beng, was present.
The court said it was aware of a document from Jesselton Medical Centre (JMC) dated Oct 10 informing that Marcel was not feeling well.
Justice Abu Bakar, however, noted that the document did not state clearly the status, state of health and the latest developments of Marcel.
When asked, Ag Mohd Tahir also told the court he was in the dark about Marcel’s purported health condition. He said in his last conversation with Marcel last week, the latter reminded him about the trial on Oct. 12 but did not know that he would not show up.
Justice Abu Bakar then advised Ag Mohd Tahir and Fauziah to go find their counsel at the Gleneagles hospital as the court later also received news that Marcel was admitted there.
“Considering that the lawyer is not present, it is not fair to conduct a trial because it is feared he is really not well…the court tried to contact Gleneagles but they need time to confirm.
“Go to Gleneagles and try to find Marcel Jude there and request any documentation, medical certificate from the hospital about his health condition and present a medical certificate to this court.
“But if there is no confirmation, the court could take action against Marcel Jude,” said Justice Abu Bakar to Ag Mohd Tahir, adding that the court would also be contacting Gleneagles for confirmation.
He also said the court dismissed a plea bargaining application by Ag Mohd Tahir and Fauziah as the court had established that the application was not made voluntarily.
He said the court received the application from Marcel for Ag Mohd Tahir and his wife under Section 172C of the Criminal Procedure Code, which was filed separately.
“Since the lawyer was not present today, then under Section 172C (5) the court must be satisfied that the accused has made the application voluntarily before this application for plea bargaining can proceed.
“After the court examined both accused in camera, in which their counsel was not present and without the presence of the DPP, this court is satisfied that both accused have not made this application voluntarily.”
Both the accused also informed the court that they had no knowledge about the plea bargaining application made by their counsel, said Abd Bakar.
“Therefore this application for plea bargaining under Section 172C is dismissed,” held the judge.
Ag Mohd Tahir, 58, Fauziah, 55, were jointly tried with the former deputy director of the department Lim Lam Beng, 66, the third accused, 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.
Together with DPP Mahadi are DPPs Haresh Prakash Somiah and Zander Lim.
Lim was represented by counsel Datuk Tan Hock Chuan, Baldev Singh and Karpaljit Singh.
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