Kota Kinabalu: Former Sabah Water Department Deputy Director Teo Chee Kong became a free man Thursday after the Special Corruption Court pronounced its earlier Discharge Not Amounting to an Acquittal (DNAA) order to Discharge and Acquitted (D&A).
Judge Abu Bakar Manat made the decision during mention to update the status of Teo’s case.
“Based on the new development of the case and the confirmation given by the prosecution that they will no longer wish to prosecute and no further and no more pending investigations against the accused, and also since there is no objection from the prosecution that the status of DNAA given by the court on Feb 18 to be warrant as D&A, the court therefore pronounced that the DNAA order on Feb 18 given earlier be warranted to Discharged and Acquitted. As such, the accused, Teo Chee Kong, is now ordered by this court Discharged and Acquitted on all 146 charges,” held Abu Bakar.
Teo was on Feb 18 given a discharge not amounting to an acquittal (DNAA) on all 146 counts of money laundering from illegal activities amounting to RM32.9 million, but the MACC later slapped him with an RM30 million compound.
Earlier, lead defence counsel Ram Singh, representing Teo, told the court that they have filed a letter on Wednesday requesting for Thursday mention to update the status of Teo’s case.
Ram said Teo had fully settled the Notice of Compound of RM30 million within the period stipulated by him to do so.
Ram informed the court that they have also received a letter from the prosecution dated March 10 which stated that the prosecution does not intend to prosecute further the same charges and all the charges against Teo, and that all the charges against him are discontinued and that no further action be taken in relation to the 146 charges against him.
Ram told Abu Bakar that the prosecution, during mention at the High Court earlier on Wednesday, confirmed to the court that the agreement of the defence that the Forfeiture of Property (FOP) in relation to lands belonging to Teo and also bank accounts belonging to Teo and his son and all other restrictions pertaining to the properties and assets overseas to be revoked and released to Teo and family members.
The prosecution confirmed before the High Court that all matters pertaining to charges and properties in Malaysia, Singapore and New Zealand be discontinued, said Ram.
“In light of the latest developments, we applied and to put on record that the proceeding on Feb 18 as Discharged not Amounting to an Acquittal (DNAA) be now refered to as Discharged and Acquitted [D&A]. We wish that the Warrant of Discharge be given to the accused,” said Ram.
The prosecution confirmed to the court that the government of Malaysia has received RM30 million paid by Teo Chee Kong as compound under Section 92 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001.
Deputy Public Prosecutor (DPP) Mahadi Jumaat, who prosecuted together with DPP Haresh Prakash Somiah, also confirmed the facts related to the proceeding in High Court as mentioned Ram.
“We also confirmed that the prosecution had issued one letter to Teo dated March 10 which stated that we no longer wish to further prosecute Teo for the same charges and we will no longer going to further investigate and take any actions related to the properties belonging to Teo and his family in Malaysia, Singapore and New Zealand,” said DPP Mahadi.
The prosecution raised no objection as to the request by Ram for Discharged & Acquitted (D&A) and leave it to the court.
Teo appeared relieved while leaving the court after the proceedings.
Teo said he wishes to lead his normal life with his family who were very much affected, after five years and six months of ordeal and stress to him and his family.
Meanwhile, according to Ram, the High Court on Wednesday ordered for the FOP on lands as by virtue of the agreement from both the prosecution and counsel, the application related to the land belonged to Teo was withdrawn, whereas on the overseas properties that were granted a restriction orders on Oct 19, 2017 and Dec 13, 2017 be revoked with immediate effect.
As for the FOP on bank accounts, similar order was made that since Teo’s representation had been accepted by the Attorney-General’s Chambers, the case was withdrawn, added Ram.
Teo, 57, was first brought to court on Dec 13, 2017 where he pleaded not guilty to all the charges, in which 78 charges stated that Teo allegedly have 70 land titles from illegal activities through 78 transactions valued at RM12,705,203.70 after transfer of ownership.
He allegedly committed the offence between Oct 21, 2005 and Aug 19, 2014 at separate locations in the Land Office in Beaufort, Kota Kinabalu, Penampang, Sipitang, Papar and Land and Survey Department here.
The charges under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 provides for a fine of up to RM5 million or a jail term of up to five years, or both, on conviction.
The remaining 68 charges against Teo stated that he allegedly committed six offences of having cash totalling RM7,930,810.48 (RM5,952,050 and RM1,978,760.48 in estimated foreign currencies) from illegal activities and 62 offences of having money in bank accounts totalling RM12,287,240.07 from illegal activities in eight financial institutions here and in Kuala Lumpur.
The offence allegedly took place between Oct 4, 2016 and Dec 30, 2016.
Each charge framed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 carries a jail term of up to 15 years and liability of a fine of not less than five times the sum or value of the proceeds of unlawful activity or instrumentalities of an offence at the time the offence was committed or five million ringgit, whichever is the higher, on conviction.
Together with Ram were counsels Kimberly Ye and Chen Wen Jye.
