Former SSM CEO Ordered to Enter Defence on Eight Corruption Charges; Son to Answer Two
KUALA LUMPUR, Feb 13 — The Sessions Court today directed former Companies Commission of Malaysia (SSM) chief executive officer Datuk Zahrah Abd Wahab Fenner to enter her defence on eight corruption-related charges linked to SSM programmes dating back more than a decade.
Judge Azura Alwi ruled that the prosecution had successfully established a prima facie case against Zahrah on four counts of allegedly soliciting and receiving bribes totalling RM1.21 million, as well as four additional counts of abetting her son, Abdulazeez Wan Ruslan, in obtaining RM160,000 in illicit payments.
Zahrah, 67, is accused of accepting RM1.01 million in bribes in her capacity as SSM CEO in exchange for approving the appointment of Ikhlas Padu Sdn Bhd and SSJ Niaga for commercial LED signboard advertising projects in Johor and Kedah.
She is further charged with receiving RM200,000 for endorsing the appointment of Marikaya Enterprise as the event management firm for the SSM Bizfair 2018 programme at the Sabah state level.
According to the charge sheets, the alleged offences were committed between December 2015 and March 2019 at Pastry House in Lake Fields, Sungai Besi. The charges were framed under Section 17(a) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 and are punishable under Section 24(1) of the same Act.
If convicted, the offences carry a maximum prison term of 20 years and a fine of no less than five times the value of the bribe or RM10,000, whichever is higher.
In addition, the court ordered Zahrah to enter her defence on two counts of abetting Abdulazeez in receiving RM160,000 connected to procurement approvals for two companies, as well as two further charges involving her alleged consent for SSM to make a shareholding investment in another company.
These offences were allegedly committed on February 6, 2018, at Lake Fields, Sungai Besi, under Subsection 28(1)(c) read together with Subsections 16(a)(A) and 24(1) of the MACC Act 2009, which provide for similar penalties.
However, the court acquitted and discharged Zahrah of 20 other charges after finding that the prosecution had failed to prove the case beyond a reasonable doubt.
Judge Azura stated that while physical recovery of the alleged bribe money is not a mandatory requirement, the prosecution must still present sufficient supporting and circumstantial evidence to establish the essential elements of the offences.
“The prosecution failed to adduce strong evidence to establish the essential elements relating to the receipt of bribes for all 20 charges,” she said in her ruling.
Meanwhile, Abdulazeez, 40, was ordered to enter his defence on two charges of allegedly receiving RM85,000 in bribes in 2018 in exchange for ensuring his mother approved procurement contracts for two companies.
The alleged offences took place at a restaurant in Bandar Tasik Selatan and at Lake Fields, Sungai Besi, in March and on February 6, 2018. He was charged under Subsection 16(a)(A) of the MACC Act 2009, read together with Subsection 24(1), which carries the same penalties.
Both accused have opted to give sworn testimony from the witness stand in their defence.
The court maintained the previously scheduled trial dates set for April 1 to 3 and April 16 and 17; May 20 to 22; and July 27 to 29.
The prosecution team comprises deputy public prosecutors Law Chin How, Muhammad Asraf Mohamed Tahir and Nurul Atiqah Mohamad Alias.
Zahrah is represented by Datuk Hasnal Rezua Merican, Muzammil Merican and Intan Nur Alia Nodzri, while Abdulazeez is defended by Shahir Ab Razak, Mirdza Fahim Fadzli, Eless Francis and Nur Syafiqah Zainal Abidin.
-wilayah.com.my
