Tengku Zafrul tells court Muhyiddin Yassin signed a letter proposing 54 contractors for the Jana Wibawa programme via direct negotiation
KUALA LUMPUR: Former Finance Minister Tengku Datuk Seri Zafrul Tengku Abdul Aziz told the High Court today that Tan Sri Muhyiddin Yassin had issued a letter proposing the appointment of 54 contractors to implement 54 projects under the Jana Wibawa programme through direct negotiation.
Tengku Zafrul, 53, said the letter, titled ‘Cadangan Pelantikan 54 Kontraktor Pelaksana Bagi Pelaksanaan 54 Projek Di Bawah Program Jana Ekonomi Pemerkasaan Kontraktor Bumiputera Berwibawa (Jana Wibawa) Secara Rundingan Terus (Reka & Bina)’, was dated Nov 13, 2020, the same day the Cabinet memorandum on the Government Procurement Action Plan was tabled at a Cabinet meeting.
“I confirm that the date of this letter is the same as the Cabinet meeting at which the Cabinet memorandum on the Government Procurement Action Plan was presented to the Cabinet,” he said when reading his witness statement during the trial of Muhyiddin, who faces seven charges of abuse of power and money laundering.
The 11th prosecution witness also confirmed that the letter was issued by Muhyiddin, who was then Prime Minister, as it bore his signature on the third page and contained instructions for the Finance Ministry to urgently consider the proposal.
“I recognise this signature as his, as I had previously received minutes and letters from Tan Sri Muhyiddin. Had I not received the Nov 13 letter, I would not have taken further action,” he said.
Tengku Zafrul said the Nov 13 letter was a proposal issued by Muhyiddin to him for the appointment of 54 companies through direct negotiation to implement pre-determined projects.
He said direct negotiation meant that projects were awarded directly to the listed companies without going through a tender process or competitive bidding among other contractors.
“Regarding the list of 54 companies and the allocation of projects in this letter, I do not know how the Prime Minister’s Office (PMO) assessed the companies or selected the projects for each company.
“I also confirm that the companies listed in this document were provided by the PMO and not by me or the Ministry of Finance,” he said.
Tengku Zafrul added that he was also unaware whether the companies had any links or interests connected to Muhyiddin, as this had never been disclosed to him.
Tengku Zafrul also said that Muhyiddin had never informed him that he and Parti Pribumi Bersatu Malaysia (PPBM) would receive donations from the companies listed.
“I confirm that I have never received any donations from the 54 companies listed in this letter. I also have no knowledge of whether those companies had ever made donations to any political party,” he said.
Tengku Zafrul said he had also not derived any personal financial benefit from the Jana Wibawa programme throughout his tenure as Finance Minister from March 2020 to August 2021.
To a question from Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin on whether a prime minister had the authority to appoint any company to carry out government projects, Tengku Zafrul replied: “No.”
Muhyiddin, 78, who was then Prime Minister and Bersatu president, was charged with four counts of abuse of power for allegedly soliciting RM232.5 million in bribes for the political party from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd, and Datuk Azman Yusoff in connection with the Jana Wibawa project.
He was accused of committing the offence at the Prime Minister’s Office, Bangunan Perdana Putra, Putrajaya between March 1, 2020, and Aug 20, 2021 under Section 23(1) of the MACC Act 2009, which carries a maximum penalty of 20 years’ imprisonment and a fine of five times the value of the gratification or RM10,000, whichever is higher, upon conviction.
The Pagoh MP also faces three charges of receiving RM200 million in unlawful proceeds from Bukhary Equity Sdn Bhd, which were deposited into Bersatu’s Ambank and CIMB Bank accounts, allegedly committed in Petaling Jaya and Kuala Lumpur between February 2021 and July 2022.
These charges were brought under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a maximum penalty of 15 years’ imprisonment and a fine of either five times the value of the proceeds from unlawful activities or RM5 million, whichever is higher.
The trial is before Judge Noor Ruwena Md Nurdin.
