Kota Kinabalu: Former Water Department Director, Ag Mohd Tahir Mohd Talib, told the Special Corruption Court on Wednesday that he was unsure whether the RM20 million in cash found in the office of the Sabah Water Department Director belonged to his two predecessors.
Ag Mohd Tahir said this before Judge Abu Bakar Manat when cross-examined by the prosecution.
To a question by MACC Deputy Public Prosecutor (DPP) Mahadi Abdul Jumaat, on who were the Sabah Water Department (JANS) Directors before him, Ag Mohd Tahir said that to his recollection, during his time as Deputy Director, he had served under two Directors, namely Cosmas Abah and another whose name he could not remember.
Ag Mohd Tahir agreed with the DPP that during the tenure of the two previous Directors, they had used the same office as the one he used when he became a Director.
He confirmed that the office in question was the private room of the Director.
DPP: Do you wish to confirm today that the RM20 million found belonged to the two Directors?Ag Mohd Tahir: I am not sure.
To a suggestion, Ag Mohd Tahir said he was not sure whether the money was not the Director’s access fund nor belonged to the Water Department.
DPP: From your earlier answer, do you agree that in a situation where an ordinary person suddenly discovers RM20 million in cash in his private room, it would arouse a very suspicious feeling?Ag Mohd Tahir: Maybe.
DPP: In simple terms, you walk into your office and find RM20 million in cash in your private room, and you also know that this money does not belong to the Department or to anyone else. Do you agree that it would create a strange and very suspicious feeling?Ag Mohd Tahir: Maybe.
DPP: Based on the amount and the circumstances in which it was found, at that time could it not raise suspicion in you that it was the proceeds of illegal activity such as corruption?Ag Mohd Tahir: Maybe.
DPP: Immediately after seeing the money, first, you did not make any report to your PA. Correct?Ag Mohd Tahir: Correct.
Ag Mohd Tahir also agreed with the prosecution that he did not lodge any report with any authority, nor take any action to identify the source or owner of the money, or to determine whether the RM20 million was legitimate or the proceeds of a unlawful activity.
The prosecution then put it to Ag Mohd Tahir that, based on his earlier answer, he had kept the money and even added RM3 million to the cash that was already there.
Ag Mohd Tahir replied: That is not true.
The prosecution further suggested that, based on this fact, he had enjoyed the use of the RM23 million discovered in his office.
Ag Mohd Tahir responded: I disagree.
To another suggestion, Ag Mohd Tahir agreed that during his service in JANS, no one in the department knew that he was keeping RM23 million in his pantry room.
However, he disagreed with a suggestion that the RM20 million being in the office before his tenure was “too good to be true.”Meanwhile, to a question by DPP Zander Lim, Ag Mohd Tahir said he had personally made a rough count of all the money kept in the pantry.
Ag Mohd Tahir disagreed with a suggestion that by counting the cash, it showed the money was in fact his.
Lim: If the money was not yours, why did you feel the need to count it in the first place?Ag Mohd Tahir: I counted roughly to get an estimate of the amount.
Lim: After you counted the money, you tied it up again and stored it neatly in the cabinet or around the pantry.
Ag Mohd Tahir: That is not true.
Lim: This is a huge amount. If the money did not belong to you, why did you not report it to any authority?Ag Mohd Tahir: Because it was not mine.
Ag Mohd Tahir, 63, is on trial together with his wife, Fauziah Piut, 60, and former deputy director, Lim Lam Beng, 66, with each facing separate charges among a total of 37 for money laundering involving RM61.57 million in cash and bank savings, as well as unlawful possession of luxury items between October and November 2016.
To another question by DPP Mahadi, Ag Mohd Tahir confirmed that in his earlier witness statement he had said that the money kept in his house, vehicles and office was the result of business dealings between him and Ag Fauzi, Harris and Michael Wong.
Ag Mohd Tahir confirmed that he had received RM30 million from Wong, RM12 million from Ag Fauzi and RM5 million from Harris.
When asked about his position, shares or documents to support his version of business dealings with Harris, Ag Mohd Tahir said their business was based on trust, adding that he had no official position, that there were shares, and that documents existed but had all been lost when the office premises were closed down.
Ag Mohd Tahir disagreed with the prosecution’s suggestion that since he had no supporting documents and no detailed business information, the money he claimed to have received from Wong, Ag Fauzi and Harris was not commission but bribes he had accepted in his capacity as JANS Director.
Ag Mohd Tahir also disagreed with the prosecution’s suggestion that his testimony regarding his involvement in the centralised collection scheme was merely an empty denial.
He likewise disagreed with a suggestion that his testimony on the overall source of the money from business was an unsupported and baseless denial.
Ag Mohd Tahir further disagreed with the prosecution’s suggestion that although he had the opportunity to prove his claims since 2015, he only presented the facts nine years after his initial arrest.
To another question, Ag Mohd Tahir denied the prosecution’s suggestion that all his testimony in court was a fabrication intended solely to save himself from conviction.
Also appearing for the prosecution is DPP Haresh Prakash Somiah.
Representing Ag Mohd Tahir and Fauziah were counsel Datuk Ansari Abdullah, while Lim was defended by Datuk Tan Hock Chuan and Baldev Singh.
