KOTA KINABALU: Former Sawit Kinabalu Berhad group managing director Datuk Wasli Mohamad Said will go for a full trial when his application to quash his five corruption and 95 money laundering charges involving RM27.36 million was dismissed by the High Court here yesterday.
In dismissing Wasli’s application, High Court judicial commissioner Stephen Chung Hian Guan also allowed the prosecution’s appeal against a Sessions Court’s ruling that it was no longer competent to hear Wasli’s five corruption charges.
Stephen held that there was no blanket for Wasli from prosecution because his incriminating answers during the trial of Federal Minister Tan Sri Kasitah Gaddam at the High Court in Kuala Lumpur for alleged abuse of power would not be used for his (Wasli) arrest or prosecution.
He said that this was because Wasli was already charged in the Sessions Court here with the corruption and money laundering charges when he gave evidence in Kasitah’s trial.
Stephen added there is no immunity for Wasli under Section 132 (2) of the Evidence Act 1950 as the prosecution against him is not based on evidence that he gave during Kasitah’s trial.
Furthermore, Stephen said there was a doubt whether there is indeed an alleged promise given by the Attorney General’s Chamber to Wasli to drop all the charges against him for giving evidence in Kasitah’s case.
“There was nothing in writing to support the alleged promise,” said Stephen who then set Nov 26, this year for re-mention of Wasli’s corruption and money laundering charges at the Sessions Court here.
After the court delivered the decision, Wasli’s counsel Datuk Chau Chin Tang stood up and told the court that they would be appealing against the decision at the Court of Appeal.
Apart from Chau, Wasli is also represented by counsel Rakhbir Singh and Yong Pei Yi.
Deputy public prosecutors Kevin Morais and Joyce Blasius appeared for the prosecution.
On July 27, this year, Sessions Court judge Ismail Brahim ruled that the court was no longer competent to hear Wasli’s five corruption charges as the Kuala Lumpur High Court had given Wasli the protection under Section 132 (2) of the Evidence Act 1950 from any further prosecution when Wasli appeared as a prosecution witness and testified during Kasitah’s trial.
Ismail sustained Wasli’s preliminary objection for his trial on the five corruption charges not to proceed.
On the following day, the prosecution filed a notice of appeal against the Sessions Court’s decision at the High Court’s registry here.
Wasli, 61, had on Feb 12, 2008 claimed trial to the five corruption charges related to the Sabah Land Development Board’s alleged shares disposal scam involving RM1 million and 3.36 million company shares.
The money was said to be gratification for supporting the approval for the purchase of SLDB shares in Sapi Plantation Sdn Bhd by Briskmark Interprise Sdn Bhd during meetings of SLDB Board of Directors between 1996 and 1998.
The alleged offence was committed at SLDB office in Jalan Kelapa Sawit KM4, Jalan Tuaran.
Each of the charges under Section 3 (b) of the Prevention of Corruption Act 1961, carries a fine of not exceeding RM10,000 or a jail term of up to five years, or both, on conviction.
Wasli is also charged with 95 counts of money laundering involving the sum of RM23 million.
He allegedly committed the offence at Affin Bank in Sadong Jaya and Ambank (M) in Wisma SESB respectively between Sept 2, 2002 and Dec 10, 2004.
Each of the offences under Section 4 (1) of the Anti-Money Laundering Act (AMLA) 2001 carries a jail term of up to five years or a fine of not exceeding RM5 million or both, on conviction.