Kota Kinabalu: The corruption trial involving two former officials of the Sabah Water Department and one of their wives has been adjourned to next month just as the prosecution was about to call its 45th witness to testify on Wednesday.
Sessions Court Judge Abu Bakar Manat adjourned the proceedings to Jan 22-24 as the witness statements of the 45th prosecution’s witness did not meet the requirements of the 14-day period as provided under Section 402B(2)(c) of the Criminal Procedure Code (CPC).
Wednesday was supposedly for the continuation of the trial in which the prosecution was ready to call their 45th witness, an investigating officer to testify.
However, counsel for the third accused, Datuk Tan Hock Chuan raised an objection informing the court that the witness statements did not meet the 14-day period before commencement of trial.
Tan said the first witness statement was sent by the prosecution via email on Dec 1 and the second witness statement was sent via email and a hard copy was also given, both on Dec 4.
“This witness is very important and we could not agree for the witness statements to be used for today because they did not meet the 14 day period,” said Tan, who also cited a case law.
Former Sabah Water Department director Ag Mohd Tahir Mohd Talib, 58, and his wife Fauziah Piut, 55, were jointly tried with the former deputy director of the department 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, the prosecution said the 45th witness could prepare by giving oral testimony for Wednesday and Thursday.
Deputy Public Prosecutor (DPP) Mahadi Abdul Jumaat took note that Section 402 B(2)(c) of the CPC and that the case has dragged on for over seven years and the prosecution is almost at the end of the trial with two investigating officers who will give evidence.
“Wednesday and Thursday have been set for a full trial and for this reason, to avoid any delay the 45th witness could be ready orally,” he said.
Abu Bakar in delivering his decision, noted that the witness statement of the prosecution’s 45th witness did not meet the requirements or conditions of the 14-day period as provided by Section 402B(2)(c) of the CPC.
“The postponement is also to allow the defence to prepare cross questions to be presented to this witness,” said Abu Bakar, who reminded all parties to be ready for the next date and that there would be no more postponement issues related to witness statements.
He also vacated the trial on Dec 14.
Together with DPP Mahadi were DPPs Prakash Somiah and Zander Lim for the prosecution while counsel Priskila Akwila Sinem and Fareez Mohamed Salleh represented Ag Mohd Tahir and Fauziah.
Tan represented Lim with counsel Baldev Singh, Karpaljit Singh, Kelvin Wong and Aaron Lau.
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