KOTA KINABALU, May 19 (Bernama) -- The Sessions Court here today found a former director of the Sabah State Water Department guilty of 12 money laundering charges involving over RM45 million, committed a decade ago.
Judge Abu Bakar Manat ruled that the prosecution had proven its case beyond a reasonable doubt against Ag Mohd Tahir Mohd Talib, 63.
However, the court acquitted his wife, Fauziah Piut, 61, of 19 similar charges under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (AMLA) Act 2001.
Ag Mohd Tahir faced 11 charges under Section 4(1)(b) of the AMLA Act 2001, as well as one charge under Section 4(1)(a) of the same Act. The offences took place in Sabah and Kuala Lumpur between Oct 4 and Nov 8, 2016.
The court additionally discharged Ag Mohd Tahir and his wife of two joint money laundering charges under Section 4(1)(b) of the AMLA Act 2001.
Former deputy director Lim Lam Beng, 72, who faced four charges under Section 4(1)(b) of the same Act, was also acquitted after the court found that the defence had raised a reasonable doubt on the case against him.
Meanwhile, in his judgment, Abu Bakar said that to secure a conviction under AMLA, the prosecution must prove beyond a reasonable doubt that the money was obtained from unlawful activities and involved money laundering elements.
He said more than RM45 million in cash was found with Ag Mohd Tahir: over RM23 million at his office, more than RM13 million inside two of his cars, and over RM8 million at his residence.
Throughout the trial, the defence failed to challenge the prosecution's case regarding the discovery of the massive sum of cash, as well as various luxury items including watches, handbags and cars, the judge said.
The judge also said the defence failed to prove the accused's claim that the money was profits from a business run with his friend rather than proceeds from bribery, and also failed to submit strong supporting documents to back that claim.
"During the trial, the court was satisfied with the prosecution's proof that the accused used his position as director of the Sabah Water Department to carry out a centralised collection scheme. The court found the evidence to be too overwhelming, yet the accused failed to explain where the money came from," he said.
However, he clarified that the case was about money laundering under AMLA, not corruption.
Meanwhile, in deciding to acquit and discharge Fauziah, Abu Bakar said a marital relationship alone cannot serve as a strong basis to charge the accused as an accomplice.
"The court finds that the second accused had no interest or authority to direct projects related to the first accused. The prosecution also failed to prove a common intention between the first and second accused. As such, the court finds it unsafe to make a finding of guilt against the second accused," he said.
Regarding the decision on Lim, the judge said no cash involving money laundering could be proven, and the prosecution had failed to prove its case beyond a reasonable doubt.
The prosecution was handled by deputy public prosecutors Mahadi Abdul Jumaat, Haresh Prakash Somiah and Zander Lim.
Ag Mohd Tahir and Fauziah were represented by a legal team led by Datuk Ansari Abdullah, while Lim was represented by a legal team led by Datuk Tan Hock Chuan.
-- BERNAMA
