Ex-Sime Darby Senior GM Gets 27 Years for Corruption

A former senior general manager of Sime Darby Engineering Sdn Bhd was sentenced to 27 years' jail and fined RM894,400 on five counts of corruption involving over RM180,000.

Sessions Court judge Ahmad Zamzani Mohd Zain made the decision after the defence failed to cast reasonable doubt on all the charges against Md Zaki Othman, at the close of the defence case.
Zaki, 50, who was based in Pasir Gudang, Johor looked calm when the sentence was read. The court ordered him to serve another 112 months' jail if he failed to pay the fine.

Ahmad Zamzani said the defence case was merely based on denial and regarded Zaki's explanation as dishonest and unreasoanable.

"The alibi given by a defence witness is baseless, unreasonable and failed to destroy the perception that bribery in the form of wristwatches and furniture were corruption," said the judge.

However, the court allowed suspension of jail sentence pending appeal in the High Court and ordered Zaki to surrender his passport to the court and report to the nearest police station once a month.

Zamzani also ordered that the bail of RM45,000 imposed on Zaki be raised to RM70,000 with one surety.

For the first charge, Zaki was sentenced to four years' jail and fined RM168,000 or 18 months' jail and for the second charge, five years' jail and fined RM108,500 or 20 months' jail.

He was sentenced to five years' jail and fined RM153,000 or 20 months for the third charge and six years' jail and fined RM164,900 or 24 months' jail for the fourth charge.


For the fifth charge, Zaki was sentenced to seven years' jail and fined RM300,000 or 30 months' jail.

The court ordered that all the sentences run consecutively.

For the first charge, Zaki was alleged to have received RM33,600 bribe in the form of furniture from Abdul
Salam Ahmad, at his house in Jalan Austin Perdana 2/11, Taman Austin Perdana here at 10am on Dec 14, 2007.

The money was to help the contractor obtain a letter of intent (LOI) dated Jan 11, 2008 for the project "EPCIC for MOQ Package 16, BE Process and BG Utility Platforms worth RM23,901.959 for Duplex Energy Sdn Bhd.

The charge under Section 11 (a) of Prevention of Corruption Act 1997 carries the maximum jail sentence of 20 years' and fine not less five times the amount of bribe or RM10,000, whichever is higher.

For the second charge, Zaki was alleged to have received a Rolex wristwatch worth RM21,700 from Abdul Salam at the same address at 9pm on March 10, 2009, as inducement to help approve and expedite progress payment for the contract "EPCIC for MOQ Package 16, BE Process and BG Utility Platforms" at Sime Darby Engineering Sdn Bhd, Pasir Gudang and sub-contract project Kumang & Tangga Barat Cluster Development Project (Phase 1) for Duplex Energy Sdn Bhd.

The charge under Section 17 (a) of Malaysian Anti-Corruption Commission (MACC) Act 2009 carries the maximum 20 years' jail sentence and fine five times the amount of bribe or RM10,000, whichever is higher.

For the third charge, Zaki was alleged to have asked for bribe in the form of IWC wristwatch worth RM32,980 from Abdul Salam at Hour Glass Sdn Bhd, Lot 10 Shopping Centre in Jalan Sultan Ismail here between 1.30pm and 4.30pm between March 13 and 15, 2009.

It was as inducement to help the contractor to obtain LOI for a small contract, Kumang & Tangga Barat Cluster Development Project (Phase 1) by the contractor's company that deals in oil and gas engineering.

For the fourth charge, Zaki was accused of receiving bribe in the form of a Hublot wristwatch worth RM60,000 from Abdul Salam at 10am between May 13, 2009 and May 15, 2009, as inducement to approve and expedite progress payment for the contract "EPCIC for MOQ Package 16, BE Process and BG Utility Platforms' at Sime Darby Engineering Sdn Bhd, Pasir Gudang and the small contract, Kumang & Tangga Barat Cluster Development Project (Phase 1) by the contractor's company.

The third and fourth charges under Section 16 (a) (A) of MACC Act 2009 carry the maximum jail sentence of 20 years' and fine five times the amount of bribe or RM10,000, whichever is higher.

For the fifth charge, Zaki was alleged to have asked Abdul Salam for a RM33,600 bribe in the form of a furniture set at Europe Asia Furniture Expo Sdn Bhd, Jalan Universiti, Petaling Jaya near here on Nov 28, 2007.

He was charged under Section 11 (a) of Prevention of Corruption Act 1997 that carries maximum jail sentence of 20 years' and fine five times the amount of bribe or RM10,000, whichever is higher. Earlier, Zaki's counsel T.Vijayasandran pleaded for a light sentence as his client had lost his job and asked that the jail sentences run concurrently.

DPP Muhammad Saifuddin Hashim Musaimi of MACC asked the court for a deterrent sentence as being a senior general manager at Sime Darby, Zaki should show a good example to the organization and his subordinates.

"With a salary of RM39,000 per month, it is unreasonable of him to commit corruption and the case should not have happened," he said.

The prosecution produced 29 witnesses and the defence eight witnesses including the accused who were called to give testimony during the hearing beginning Feb last year. BERNAMA

Source : The Star

Ex-Sime Darby senior GM ordered to enter defence against bribery charges

A former senior general manager of Sime Darby Engineering Sdn Bhd in Pasir Gudang, Johor, was ordered by a Sessions Court here Wednesday to enter his defence over five counts of accepting bribes amounting to RM181,880.

Judge Ahmad Zamzani Mohd Zain came to the decision after the prosecution managed to establish a prima facie case against Md Zaki Othman, 49.

In his judgement, Ahmad Zamzani said the prosecution had adduced sufficient evidence against the accused through witnesses and documents tendered in court.

He then set three days for the accused to enter his defense, starting Jan 11, 2012.

On the first count, Md Zaki allegedly accepted RM33,600 in cash from a contractor, as payment for a set of furniture in his house in Taman Austin Perdana about 10am on Dec 14, 2007.

The bribe was claimed to be an inducement to secure a Letter of Intent dated Jan 11, 2008 for an oil and gas project worth RM23,901,959.

He was charged under the Anti-Corruption Act of 1997 (ACA 1997) which provides for a maximum 20-year imprisonment and fine of not less than five times the bribe or RM10,000, whichever is higher, upon conviction.

On the second count, Md Zaki allegedly accepted a Rolex watch worth RM21,700 also from the same contractor, at the same address about 9pm on March 10, 2009.

It was apparently to approve and hasten progress payment claims for a Sime Darby Engineering Sdn Bhd, Pasir Gudang, contract and sub-contract.

The charge was brought under the Malaysian Anti-Corruption Commission Act 2009 (MACC Act) which carries a maximum 20-year imprisonment and fine of not less than five times the bribe or RM10,000 whichever is higher, upon conviction.

As for the third and fourth count, Md Zaki was charged under the MACC Act with asking for and accepting two designer watches worth RM32,980 and RM60,000 during March and May 2009 respectively, as inducement to secure a Letter of Intent for the same contractor and approve and hasten progress payment claims for a contract and sub-contract carried out by the contractor's company.

Upon conviction of each count, the accused faces a maximum of 20 years imprisonment and fine of not less than five times the bribe or RM10,000, whichever is higher.

On the last count, Md Zaki was charged with asking for RM33,600 from the shame contractor for a set of furniture on Nov 28 2007.

MACC deputy public prosecutor Muhammad Saifuddin Hashim Musaimi presented 26 witnesses throughout his case and Md Zaki was represented by T. Vijayasandran. - Bernama

Source : The Star

Pelated News : Ex-manager in bribery case granted discharge

Ex-manager in bribery case granted discharge

Former Sime Darby Engineering Sdn Bhd senior manager Mazhazmi Jamaludin has been granted a discharge not amounting to an acquittal (DNAA) after the prosecution failed to locate the key witness in his corruption trial over the sale and construction of three vessels worth over RM400mil.

Sessions Judge Rozilah Salleh granted the DNAA application filed last Friday by Malaysian Anti-Corruption Commission deputy public prosecutor Anthony Kevin Morais.

On April 25, Morais applied for a DNAA order as key witness Redzuan Goh Mohammed Karian could not be located.

Mazhazmi, 37, was charged with accepting a RM200,000 payment as gratification in proposing MLC Shipbuilding Sdn Bhd to obtain a contract from Sime Darby to construct and sell a derrick lay barge and two anchor handling tug vessels worth a total of RM401.9mil.

He was also charged with accepting the money to confirm certain payments made by the shipbuilding company for the construction of the barge and tug vessels.

Mazhazmi, represented by lawyer Shamsul Sulaiman, was alleged to have received the money from Redzuan, the owner of MLC Shipbuilding.

He was charged under Section 11 (a) of the Anti-Corruption Act 1997.

Source : The Star