KUALA LUMPUR, Feb 13 — The Sessions Court today ordered former Companies Commission of Malaysia (SSM) chief executive officer Datuk Zahrah Abd Wahab Fenner to enter her defence on eight corruption charges linked to the organisation of SSM programmes 11 years ago.
Judge Azura Alwi ruled that the prosecution had established a prima facie case on four counts of corruptly obtaining bribes amounting to RM1.21 million and four counts of abetting her son, Abdulazeez Wan Ruslan, 40, in receiving RM160,000 in bribes.
On three of the charges, Zahrah, 67, is charged, in her capacity as the then SSM CEO, of obtaining RM1.01 million in bribes in exchange for approving the appointment of Ikhlas Padu Sdn Bhd and SSJ Niaga for commercial LED signboard advertising projects for SSM in Johor and Kedah.
She also faces another charge of receiving RM200,000 in return for approving the appointment of Marikaya Enterprise as the event management company for the SSM Bizfair 2018 programme at the Sabah state level.
The offences were allegedly committed at Pastry House, Lake Fields, Sungai Besi, between December 2015 and March 2019, under Section 17(a) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, punishable under Section 24(1) of the same Act. The provision carries a maximum jail term of 20 years and a fine of not less than five times the value of the bribe or RM10,000, whichever is higher, upon conviction.
Zahrah was also ordered to enter her defence on two counts of abetting Abdulazeez in receiving RM160,000 in connection with the approval of procurement for two companies, as well as two further counts of consenting to SSM making a shareholding investment in another company.
The offences were allegedly committed at Lake Fields, Sungai Besi, on February 6, 2018, under Subsection 28(1)(c) read together with Subsections 16(a)(A) and 24(1) of the MACC Act 2009, which carry the same penalties.
However, Judge Azura acquitted and discharged Zahrah of 20 other charges after finding that the prosecution had failed to prove the case beyond a reasonable doubt.
“The prosecution failed to adduce strong evidence to establish the essential elements relating to the receipt of bribes for all 20 charges.
“Although the discovery of the bribe money is not a mandatory element, the court is of the view that sufficient supporting and circumstantial evidence is required to prove the alleged receipt of the money,” she said.
Meanwhile, Abdulazeez was ordered to enter his defence on two charges of receiving RM85,000 in bribes in exchange for ensuring his mother approved procurement for two companies in 2018.
The offences were allegedly committed at a restaurant in Bandar Tasik Selatan and at Lake Fields, Sungai Besi, in March and on Feb 6, 2018, under Subsection 16(a)(A) of the MACC Act 2009, punishable under Subsection 24(1) of the same Act.
Both accused elected to give sworn statements from the witness stand in their defence.
The court maintained the previously fixed trial dates of April 1 to 3 and April 16 and 17; May 20 to 22; and July 27 to 29.
The prosecution was conducted by deputy public prosecutors Law Chin How, Muhammad Asraf Mohamed Tahir and Nurul Atiqah Mohamad Alias.
Zahrah was represented by lawyer Datuk Hasnal Rezua Merican, Muzammil Merican and Intan Nur Alia Nodzri, while lawyers Shahir Ab Razak, Mirdza Fahim Fadzli, Eless Francis and Nur Syafiqah Zainal Abidin represented Abdulazeez. — Bernama