Tengku Zafrul tells court that prime minister’s minute notes were directives requiring consideration, not automatic approvals for projects
KUALA LUMPUR: Former Finance Minister Tengku Datuk Seri Zafrul Tengku Abdul Aziz told the High Court today that minute notes issued by then Prime Minister Tan Sri Muhyiddin Yassin in relation to the Jana Wibawa programme were directives that required consideration and follow-up action, although they did not constitute instructions to approve specific projects.
Tengku Zafrul, 53, said that based on his experience as finance minister, a minute from the prime minister was a directive that warranted attention because Muhyiddin was the prime minister at the time.
“Usually, a minute from the Prime Minister is a directive that requires us to take action. Otherwise, the machinery of government would not be able to function.
“However, taking action does not mean we have to do something improper,” he said during re-examination by Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin at the trial of Muhyiddin, who is facing seven charges of abuse of power and money laundering.
The 11th prosecution witness nevertheless stressed that every minute note or letter from Muhyiddin was given due consideration, but did not automatically result in the approval of a project.
Earlier, while reading his witness statement, Tengku Zafrul referred to minute notes written by Muhyiddin on letters of support involving five companies in connection with the North Klang District Police Headquarters project in Selangor.
The companies were MZ Hakujaya Sdn Bhd, Nepturis Sdn Bhd, Fastcoll Corporation Sdn Bhd, Permata Rebana Sdn Bhd and JM Letrik Sdn Bhd.
When asked by Wan Shaharuddin whether he would disregard a matter if the prime minister had specifically directed that it need not be considered, Tengku Zafrul replied in the affirmative.
“Yes. If he (Muhyiddin) had issued a directive stating that the matter did not require consideration, we certainly would not have taken it up for consideration,” he said.
Tengku Zafrul concluded his testimony today.
Meanwhile, Tengku Zafrul’s former senior private secretary, Datuk Wan Murtadza Wan Mahmud, 52, testified that a memorandum had been issued by the Secretary of the Government Procurement Division (SPBK) concerning the proposed appointment of 54 contractors under the Jana Wibawa programme.
Reading his witness statement, Wan Murtadza said the memorandum served as a cover letter for a letter dated Nov 13, 2020, from the then prime minister to the finance minister.
“The document is a memorandum that I issued to Datuk Zamzuri Abdul Aziz (SPBK) regarding the proposed appointment of 54 implementing contractors for 54 projects under the Jana Ekonomi Pemerkasaan Kontraktor Bumiputera Berwibawa (Jana Wibawa) programme through direct negotiation (Design and Build),” he said.
However, Wan Murtadza said he was unaware of how the Prime Minister’s Office (PMO) had evaluated the companies, adding that the PMO had also determined which projects would be awarded to each company.
“I can also confirm that the companies listed in this document were selected by the PMO, not by the Ministry of Finance at the material time,” he said.
Muhyiddin, 79, who was prime minister and Bersatu president at the material time, faces four charges of abusing his position to obtain RM225.3 million in gratification for the party from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd and Datuk Azman Yusoff in connection with the Jana Wibawa programme.
The alleged offences were committed at the Prime Minister’s Office, Perdana Putra Building in Putrajaya, between March 1, 2020, and Aug 20, 2021.
He is charged under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009, which provides for a maximum prison sentence of 20 years and a fine of five times the value of the gratification or RM10,000, whichever is higher, upon conviction.
Muhyiddin, who is also the Member of Parliament for Pagoh, also faces three charges of receiving RM200 million in proceeds from unlawful activities from Bukhary Equity Sdn Bhd, which were allegedly deposited into Bersatu’s accounts at AmBank and CIMB Bank branches in Petaling Jaya and Kuala Lumpur between February 2021 and July 2022.
The charges are framed under Section 4(1)(b), read together with Section 87(1), of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a maximum prison sentence of 15 years and a fine of five times the value of the proceeds of unlawful activities or RM5 million, whichever is higher, upon conviction.
The trial before Judge Noor Ruwena Md Nurdin resumes tomorrow.
