Kota Kinabalu: A prosecution witness told the Special Corruption Court here Monday that former Sabah Water Department Director Ag Mohd Tahir Mohd Talib (pic) had two bank accounts with a balance of RM1,920,935.59 and RM698,064.34, as stated on the accounts’ statements in October 2016.
Robert Yong Jade Kui, 46, who works as the relief head at the Operations Service Centre at OCBC Bank Kota Kinabalu, said the accounts were the premier and monthly investment accounts, respectively.
Yong, who was the prosecution’s 15th witness, testified that the balance in the said premier account on the statement date for October 2016 amounted to RM1,920,935.59.
Testifying further during examination-in-chief by Deputy Public Prosecutor (DPP) Mahadi Abdul Jumaat, Yong said the balance in OCBC Bank monthly investment account in the name of Ag Mohd Tahir as of Oct 31, 2016 amounted to RM698,064.34 (670,249.01 Unit) on Nov 8, 2016.
Yong said he did not know for what purpose the money was deposited into both accounts.
He also testified that a notice of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 under the name of Tahir’s bank accounts was given to the bank.
He said the notice dated Nov 4, 2016 was issued by the Malaysian Anti-Corruption Commission (MACC) through a deputy public prosecutor (DPP) informing the bank that the DPP had given instruction to MACC through its investigating officer to seize or confiscate any property or additional properties for both Tahir’s accounts at the bank.
Yong said the notice also stated that the bank could not destroy or move any of the property under the said accounts until the notice was cancelled.
On trial was Ag Mohd Tahir, 58, his wife Fauziah Piut, 55, and former deputy director of the department, Lim Lam Beng, 66, who had on Dec 29, 2016 pleaded not guilty to 37 counts of money laundering involving RM61.57 million.
Meanwhile, to a series of questions during cross-examination by counsel Marcel Jude representing Ag Mohd Tahir, the witness said he did not know how many Cash Threshold Report and Suspicious Transaction Reports were made in respect of Ag Mohd Tahir.
Yong added that he did not know because he did not have the data.
Counsel: But your ignorance of money laundering and bank requirement to comply with Amla is revealed in the last sentence of your witness statement – the witness confirmed that he did not know for what purpose the money was deposited into (both accounts). Do you agree?
The witness replied: Yes, I don’t know.
Counsel: (Referring witness to the Amla notice under Section 50(1)) – this is not a freezing order, it is a seizure order, do you agree?
Witness: Yes, it is a seizure order.
Counsel: Before you make an Allocation Certification under Section 90A of the Evidence Act 1950, there must be a freezing order to freeze all of Ag Mohd Tahir accounts. After that, you make your Certification. There must first be a freezing order to the bank from MACC. When you received the freezing order, then you make a Certification. Then there is a seizure order. Do you agree?
Witness: I do not know the process of freezing and seizure order.
Counsel: If there is no freezing order, then your bank has breached banking secrecy law. Do you agree?
Witness: I am not sure.
Counsel: Refer to the seizure order, can you show us in the seizure order your signature that you received the seizure order?
Witness: My signature is not in the seizure order.
Counsel: That means you never received the seizure order, or you cannot prove that you had received the seizure order, do you agree?
Witness: Yes, I agree.
Counsel: Do you agree, that the MACC seizure of Ag Mohd Tahir’s account was unlawful?
Witness: I do not know.
The witness explained in re-examination by the prosecution that he did not know the purpose of the money deposited, as he was not the officer in charge at that time for the present case in 2016.
Marcel also represented Fauziah while counsel Datuk Tan Hock Chuan, Baldev Singh and Karpaljit Singh appeared for Lim.
Trial continues.
