Back to prison

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Ex-State Water Department director, wife go back to jail after failing to pay reduced bail

KOTA KINABALU: Former Sabah Water Department director Ag Mohd Tahir Mohd Talib and his wife Fauziah Ag Piut were sent back to jail when they failed to pay their bail despite being reduced to RM5 million and RM1 million with RM2 million and RM500,000 deposited in two local sureties respectively.

Justice Ravinthran Paramaguru made the decision on Ag Mohd Tahir, 55, and Fauziah, 52, after allowing their application for a reduced bail sum through their counsel PJ Perira, yesterday.

In delivering his decision, he said that the bail amount should be sufficient to ensure their (appellants) attendance at the court and he did not see the necessity for such high amount of bail.

Both appellants were sent back to prison as they failed to pay for their bail and be further detained in custody, pending disposal of their case.

On December 29, 2016, Ag Mohd Tahir together with Fauziah and Sabah Finance Ministry technical and engineering advisor Lim Lam Beng @ Lim Chee Hong, 63, pleaded not guilty in the Sessions Court here to a total of 37 counts of money laundering involving cash and bank savings of RM61.48 million, as well as unlawful possession of luxury goods.

Ag Tahir faces 11 charges framed under Section 4 (1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (AMLATFAPUA) Act 2001 for allegedly possessing properties amounting to RM56.9 million of cash and savings, 86 luxury watches and cars, which are proceeds of unlawful activities.

The alleged offences were committed at the former Water Department director’s office here, Townhouse Graceville in Sembulan, OCBC bank and UOB bank here and Kingfisher Sulaman between October 4 and November 4, 2016.

He was also charged under Section 4(1)(a) of the AMLATFAPUA Act 2001 for directly engaging in a transaction that involves proceeds of an unlawful activity involving RM14,000 towards one Cristine Fiona M Ponsoi at Puncak Luyang Condo on October 4, 2016.

The indictment provides for a jail term of up to 15 years and also liable to a fine of not less than five times the sum or value of the proceeds of an unlawful activity or instrumentalities of an offence at the time the offence was committed or five million ringgit, whichever is higher, upon conviction.

Fauziah faces 19 charges under Section 4 (1)(b) of the AMLATFAPUA 2001 for similar offences of allegedly possessing up to RM2.2 million in cash and savings at Townhouse Graceville in Sembulan and several banks of Bank Islam, CIMB, Bank Rakyat here, and PNB Tower in Kuala Lumpur between October 4 and November 4, 2016.

Ag Tahir and his wife were also jointly charged with two counts of possessing gold jewellery, non-gold jewellery and various luxury items, including handbags, at Graceville in Sembulan on October 4, 2016, framed under Section 4 (1)(b) of the Act and read together under Section 34 of the Penal Code.

Lim faces four charges under Section 4 (1)(b) of the Act for a similar offence.

He was alleged to have possessed cash amounting to RM2.38 million at the Malaysian Anti-Corruption Commission (MACC) office in Jalan UMS and a Toyota Land Cruiser car at a house in Jalan Penempatan here between October 13 and November 8, 2016.

Earlier, Perira submitted that the Sessions Court judge had erred in law in fixing the combined bail of RM12 million on his clients, who were a government servant and a housewife, respectively, and were very excessive.

He also said that both the appellants had no risk of absconding and their passports had been surrendered to the court.

Therefore, he prayed for the bail amount to be reduced for Ag Mohd Tahir from RM10 million to RM1 million with RM500,000 deposited while for Fauziah RM2 million bail to RM200,000 with RM50,000 deposited with two local sureties.

Meanwhile, deputy public prosecutor Anas Mahadzir argued that the appellants were charged with a serious offence and the Sessions Court judge had not erred in setting the bail amount.

He said that there was flight risk for the appellants as the situation had now changed, which the appellants were currently charged and were not under investigation.

Thus, he prayed for the court to have the appeal dismissed.

The case involves the biggest seizure ever by MACC of over RM114.5 million in cash, jewellery worth RM3.64 million and 127 land titles worth RM30 million.