Deputy public prosecutor Lailawati Ali told reporters after the case management before High Court deputy registrar Norazihah Asmuni today, that an application to that effect was filed last May 6.
She said the prosecution applied to stay hearing of the case pending its appeal at the Federal Court against the Court of Appeal’s decision in allowing Tengku Adnan’s application for High Court judge Mohd Nazlan Mohd Ghazali to recuse himself from hearing the case.
“The court set this Friday for mention of the stay application before Judge Datuk Muhammad Jamil Hussin,” she added.
On the appeal application by the prosecution, she said, it was filed last Feb 14, and the hearing had been set for July 17.
Last Feb 12, the Court of Appeal allowed Tengku Adnan’s appeal for Mohd Nazlan to recuse himself from hearing the case and for the case to be transferred to another court, with the new judge to decide whether to start the case afresh or to continue from where Justice Mohd Nazlan had left.
The hearing before Mohd Nazlan began on Sept 20 last year with two witnesses having been called to testify. The case has been transferred to the court before Muhammad Jamil.
Tengku Adnan, 69, had appealed against Mohd Nazlan’s decision, made on Sept 20 last year, in dismissing his application for the judge to recuse himself from hearing the case.
The Putrajaya Member of Parliament filed the application following the guilty plea by businessman Datuk Tan Eng Boon, 71, on an alternative charge of abetting him (Tengku Adnan) in receiving the RM1 million bribe.
On Nov 15, 2018, Tengku Adnan, 69, pleaded guilty to a charge of corruptly receiving RM1 million from businessman Datuk Tan Eng Boon through a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd that was deposited into his CIMB Bank account.
He allegedly received the sum as an inducement to approve the application of Nucleus Properties Sdn Bhd (now Paragon City Development Sdn Bhd) to increase its plot ratio in the development of Lot 228 at Jalan Semarak, Kuala Lumpur.
The offence was allegedly committed at CIMB Bank Berhad, Putra World Trade Centre, 2nd floor, Podium Block, Jalan Tun Ismail here on Dec 27, 2013.
He also faced an alternative charge in his capacity as the then federal territories minister of receiving for himself RM1 million from Tan via a Public Bank cheque belonging to Pekan Nenas Industries Sdn Bhd which was deposited into his CIMB account, knowing that Tan, as a director of Nucleus Properties Sdn Bhd, had connections with his official duties.
The charge was framed under Section 165 of the Penal Code, which provides an impriusonment for up to two years, or with fine, or both, if found guilty.