Witness denies giving false statement to save himself

Kota Kinabalu: A key prosecution witness in the case of two former Sabah Water Department officials and one of their wives who were charged with money laundering disagreed with a suggestion that he is willing to give a false statement to the MACC to save himself from prosecution.

Prosecution’s 29th witness Teo Chee Kong, cross-examined by counsel Datuk Tan Hock Chuan representing the third accused former State Water Department Deputy Director Lim Lam Beng, said he spoke the truth in his statements which were recorded more than 10 times by the Malaysian Anti-Corruption Commission (MACC) a month after he was remanded in Oct. 2016.

Teo was the Deputy Director after Lim retired. Lim was jointly charged with State Water Department Director Ag Mohd Tahir Mohd Talib (first accused) and his wife Fauziah Piut (second accused) on 37 counts of money laundering charges, involving cash and bank savings amounting to RM61.57 million, as well as unlawful possession of luxury goods.

They had on Dec. 29, 2016 pleaded not guilty to the charges.

Tan: You spoke the truth to MACC but they still charged you with 146 charges on Dec 13, 2017, correct?

Teo: Correct.

Asked what happened to the 146 charges involving almost RM33 million against him, Teo said the charges had been discharged and acquitted.

Teo confirmed that the Sessions Court had made a Discharge not amounting to an acquittal on all 146 charges against him on Feb 18, 2022; and that the DNAA order and the MACC’s action to retract the charges subject to him paying a compound of RM30 million within a certain period; and that the MACC had given him 14 days from Feb. 18, 2022 to settle the compound and failure to do so all the charges will be reinstated; and that the court on March 13, 2022 ordered for Discharge and Acquittal after the compound was settled.

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Teo said he settled the compound within the specified period.

Tan: How you paid them, was it in cash?

Teo: For the money in my bank account that was seized, MACC unfroze the account, I transferred the money in my bank account to MACC's bank account.

Tan: There were RM12,287,240.07 in the bank accounts. What about the rest?

Teo: As for the balance, some cash that was confiscated in Ringgit was straight away banked into MACC account. The ones in foreign currency, most of them I changed to Ringgit at the money changer and banked into the MACC account.

Tan: Total cash RM7,930,810.48. The remaining?

Teo: I had to borrow money from my father, Datuk Teo Chin Teng and my elder brother Datuk Tony Teo about RM10 million to cover.

Tan: Can you explain to this Court, how as a civil servant you amassed so much money to be able to pay for this compound amount?

Teo: There was indeed a contribution collection scheme from contractors when I was the Keningau Division Water Engineer from 1996 until 2016 in Kota Kinabalu (KK) when I was the KK Division engineer, it was 20 years. There are indeed contractor contributions to make the contract.

Tan: Was the money you used to pay this compound illegal money?

Teo: Yes, correct.

Tan: You admitted that from 1996 until you were arrested in 2016, you committed corruption offences. Agree?

Teo: Agree.

To another question, Teo said that six representation letters to MACC were sent by his counsel under his orders and agreed with Tan that only the last representation letter was accepted.

To a question, Teo said he gave statements to the MACC more than 10 times a month after he was released from remand on Oct. 2016 and that the statements were the same as what he told the Court.

Tan: You were telling the truth but MACC still charged you with 146 charges on Dec 13, 2017, correct?

Teo: Correct.

Tan: I suggest that it is impossible for you to speak or explain in your statements to MACC the true story of how you collected so much money. Agree?

Teo: Disagree.

Tan: I suggest to you that you are ready to give false statements to MACC to save yourself from prosecution. Agree?

Teo: Disagree.

Tan: If you have spoken the truth in your statements to the MACC as you said today, why didn't you plead guilty?

Teo: If in the charges on Dec 13, 2017, I really do not want to plead guilty.

Tan: The first day you were charged you pleaded not guilty. That’s normal. But after that, you never pleaded guilty. Agree?

Teo: Agree.

Tan: Not only did you not plead guilty, you filed many applications to delay the prosecution. Agree?

Teo: Agree.

Tan: Your behaviour shows that you do not want to plead guilty, instead you repeatedly try to delay the prosecution, agree?

Teo: Agree.

Tan: I suggest that for your last representation to be accepted by the MACC, a precondition apart from paying the compound, you are required to testify against the other accused. Agree?

Teo: Agree.

Tan: If you do not agree to testify against my client (Lim) and the other accused, your last representation will not be accepted. Agree?

Teo: Agree.

Tan: I put it to you that if you do not agree to this precondition, all 146 charges against you will not be withdrawn by MACC, agree?

Teo: Agree.

Tan: I put it to you that you were incentivised to give false testimony for the prosecution against the third accused in exchange for your representation to being accepted by the prosecution. Agree or disagree?

Teo: Disagree.

Tan: Not only were the 146 charges against you withdrawn but all the properties, local and abroad, were returned to you in exchange for your giving false testimony against the third accused. Agree?

Teo: Disagree.

Tan: Can you confirm that as part of your representation being accepted by MACC, MACC withdraws all forfeiture proceedings against your properties and your bank accounts in Malaysia, Singapore and New Zealand?

Teo: Agree.

Together with Tan in representing Lim were counsel Baldev Singh and Kelvin Wong while Ag Mohd Tahir and Fauziah were represented by counsel Priskila Akwila Sinem and Mohd Fareeez Mohd Salleh.

Counsel Ram Singh held a watching brief for Teo.

Trial continues.

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