Court to decide bid by ex-Water Director Apr 2
Published on: Wednesday, January 22, 2020
By: Jo Ann Mool
KOTA KINABALU: The High Court will on April 2 deliver its decision on the revision application by Sabah Water Department’s former Director and his wife, who were charged with a total of 23 counts of money-laundering, to quash all the charges against them.
Judge Datuk Nurchaya Hj Arshad on Tuesday set the date for applicants Ag Mohd Tahir Mohd Talib and Fauziah Piut after hearing the matter in chamber.
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The court also directed the parties to submit further by focusing on two main issues in the application namely the applicants’ application to strike out the charges against them and to release RM1.2 million from the seized properties for legal fee and another RM25,000 monthly for living expenses.
The applicants’ counsel Marcel Jude was directed to summarise his submission and to be filed on or before Feb 6 and for the prosecution to reply on or before Feb 25.
The applicants had on June 19, 2019 filed the revision by way of originating motion naming the Malaysian Anti-Corruption Commission (MACC) Director and the Attorney-General of Malaysia as the first and second respondent, respectively.
In the motion, they are seeking an order to strike out, set aside or stay all charges against them, who were the first and second accused in a criminal case which involved two other accused that has been fixed for trial in the Sessions Court here.
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Deputy Public Prosecutors Mahadi Abdul Jumaat and Zander Lim Wai Keong appeared for the prosecution.
Meanwhile, in another court, an injunction application by former Sabah Chief Minister Datuk Yong Teck Lee to restrain Datuk Amarjit Singh from exercising the powers of the Director of State Water Department will be heard on March 9.
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High Court Judicial Commissioner Wong Siong Tung fixed the date for hearing of or ruling after hearing the oral submissions by both parties on Tuesday.
The applicants, Yong and businessman Pang Thou Chung had filed the injunction application on Oct 21, 2019 and named Amarjit as the sole defendant.
They were seeking injunctions to restrain Amarjit from exercising the powers of the director; to restrain Amarjit from exercising the powers through his agents, servants and/or otherwise and to restrain Amarjit from entering into the premises, offices and/or branches of State Water Department.
They were represented by counsel Yong Yit Jee, while Amarjit was represented by Lind Willie Wong & Chin firm.
On Oct 9, the High Court ruled that the appointment of Datuk Amarjit Singh as the Director of the Water Department by the State Government contravenes Section 3 of the Water Supply Enactment 2003.
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The court granted the declaration sought by the plaintiffs, Yong and Pang, in their originating summons filed on March 19 this year and named Amarjit and State Government of Sabah as their first and second defendants respectively.
In their suit, the duo sought a declaration that the Amarjit’s appointment as the director by the State Government had contravened Section 3 of the said Enactment.