Director Unsure If RM1 Million Paid To BERSATU Was Donation Or Remuneration

KUALA LUMPUR: The Managing Director of Nepturis Sdn. Bhd. told the High Court today that he did not know whether the RM1 million given by the company to Parti Pribumi Bersatu Malaysia (BERSATU) was a donation or remuneration.

Mohd. Rizman Akum Khan, 43, said the difference between the two could only be determined by Nepturis owner, Lian Tian Chuan (TC Lian), who was the party that ordered the withdrawal of the funds.

Earlier, in his witness statement, he testified that he was instructed by TC Lian to sign a cheque dated February 16, 2022, for the payment to BERSATU.

However, when cross-examined by lawyer Datuk Amer Hamzah Arshad, Mohd. Rizman said the payment was not a bribe to Tan Sri Muhyiddin Yassin, who is also BERSATU President.

Meanwhile, during re-examination, he was asked by Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin about the difference between a donation and remuneration.

“Donation is more like charity, while remuneration is perhaps a form of assistance or reciprocation of favours,” said Mohd. Rizman when giving testimony in the Janawibawa case involving Muhyiddin.

The 16th prosecution witness further agreed that Muhyiddin, who was then Prime Minister, had never requested a donation from Nepturis.

However, he was unsure why TC Lian instructed him to send a letter to Muhyiddin regarding the Klang Utara District Police Headquarters construction project, which he later came to know was under the Janawibawa Programme.

Responding to Wan Shaharuddin’s question, Mohd. Rizman admitted that Nepturis had bid for the National Disease Control Centre construction project around 2021, which the company subsequently secured.

“That project was not under the Janawibawa Programme, and to my recollection, no letter was submitted to Muhyiddin. Whether any donation was given (for that project) is also beyond my knowledge,” he said.

Meanwhile, in his witness statement, Mohd. Rizman said TC Lian’s name did not appear in the Companies Commission of Malaysia (SSM) shareholding documents, even though the businessman held 30 per cent of the shares in the company.

Judge Noor Ruwena Md. Nurdin then sought clarification as to why Nepturis did not declare TC Lian’s shareholding to SSM, and only declared the two directors (himself and Aliza Abdul Malek), each holding 50 per cent.

However, the witness said that this was not an offence as it was a business strategy.

He said Nepturis received capital injection from another company owned by TC Lian, Metrasys Sdn. Bhd.

“Metrasys would not bid for government projects because it is 100 per cent non-Bumiputera-owned. If TC Lian holds shares in Nepturis, it remains Bumiputera-owned because he only has 30 per cent shareholding,” he explained.

The trial resumes this July 27.

Muhyiddin, 79, who was then Prime Minister and BERSATU President, faces four charges of using his position to obtain gratification amounting to RM225.3 million related to the Janawibawa Programme from three companies, namely Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd and Mamfor Sdn Bhd, as well as Datuk Azman Yusoff, for the political party.

He is accused of committing the act at the Prime Minister’s Office, Perdana Putra Building in Putrajaya, between March 1, 2020 and August 20, 2021.

Muhyiddin is charged under Section 23(1) of the MACC Act 2009, which carries a maximum penalty of 20 years’ imprisonment and a fine of five times the value of the gratification or RM10,000, whichever is higher, upon conviction.

The Pagoh Member of Parliament also faces three charges of receiving RM200 million from unlawful activities from Bukhary Equity Sdn Bhd, which was deposited into BERSATU’s Ambank and CIMB Bank accounts at the respective branches in Petaling Jaya and Kuala Lumpur, between February 2021 and July 2022.

The charges are filed under Section 4(1)(b) read together with Section 87(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a maximum penalty of 15 years’ imprisonment and a fine of five times the value of the proceeds from unlawful activities or RM5 million, whichever is higher.

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