‘I didn't give such instructions'
Published on: Thursday, May 01, 2025
Published on: Thu, May 01, 2025
By: Jo Ann Mool Text Size: Ag Mohd Tahir at the court on April 30. Kota Kinabalu: Former State Water Department Director Ag Mohd Tahir Mohd Talib on Wednesday denied giving instructions or granting approval to collect contributions amounting to about 27.5 per cent of the cost of projects carried out in each division. In his defence before Special Corruption Court Judge Abu Bakar, Ag Mohd Tahir testified, during examination-in-chief by his counsel, Datuk Ansari Abdullah, that he had never issued nor approved anything, as stated in the prosecution's witness statement referred to him. Ag Mohd Tahir was asked of his response regarding a paragraph in the witness statement of prosecution's 36th witness former Beaufort divisional water engineer Suhaimi Asbullah, who had stated in his witness statement that the informal meeting held on April 7, 2005, Teo Chee Kong (who was the Kota Kinabalu divisional water engineer) informed Division and District Water Engineers that, following a directive approved by State Water Department (JANS) Director Ag Tahir Mohd Talib and discussed with Deputy Director Lim Lam Beng, each division to collect and remit a 27.5 per cent contribution from project costs, covered by inflated contractor rates, to their respective departments. Ag Mohd also testified that he had no knowledge of the existence of the informal meeting mentioned in Suhaimi's witness statement. To a question, on his response to another statement by Suhaimi in his witness statement, Ag Mohd Tahir said that it was Teo's own statement, and that he had no knowledge of it. Ag Mohd Tahir was referred to Suhaimi's statement that out of the 27.5 per cent collected, 10.75 per cent was to be handed over by the District Engineers to Teo, who said it would be distributed to selected officers at JANS Headquarters, the Ministry of Infrastructure Development (KPI) and the Ministry of Finance (MOF); Teo circulated photocopies of the 10.75 per cent formula only to the District Engineers without any official minutes, and warned that failure to comply could result in funding delays or denial of warrants for quotation and emergency works. When asked to respond to a statement in Suhaimi's witness statement alleging that there had been a 'mark-up', Ag Mohd Tahir said he was not aware of any such practice. Ag Mohd Tahir was referred to Suhaimi's witness statement, which alleged that, among other things, quotations and claims for pipe replacement and installation works involving various sizes and types in previous years had included a 30 per cent mark-up. Ag Mohd Tahir, 63, his wife, Fauziah Piut, 59, and former State Water Department deputy director Lim Lam Beng, 70, face multiple money laundering charges. Ag Mohd Tahir and his wife Fauziah Piut, as the first and second accused, are facing 33 counts of money laundering charges, involving cash and bank savings amounting to RM61.57 million, as well as unlawful possession of luxury goods. Ag Mohd Tahir faces 11 charges under Section 4 (1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUA) 2001 and one charge under Section 4(1)(a) of the same Act. Fauziah faces 19 charges under Section 4 (1)(b) of the same Act. Both Ag Mohd Tahir and Fauziah have another two joint charges under Section 4 (1)(b) of the same Act. The offences against Ag Mohd Tahir and Fauziah were allegedly committed at separate locations among others, at an office in Kota Kinabalu, a house in Sembulan, at several bank branches, between Oct 4 and Nov 4, 2016. Lim faces four counts of having a Toyota Land Cruiser vehicle, cash of RM200,000, RM1,900,000 and RM280,000 from proceeds of unlawful activities as framed under Section 4 (1)(b) of the same Act. The offences allegedly committed on Oct 13, Oct 22, Nov 7 and Nov 8, 2016 here. Testifying further, when asked to comment on a page of Suhaimi's witness statement regarding, among others, that beginning 2005 their team at JANS Beaufort had begun collecting a 27.5 per cent commission from contractors carrying out quotation-based works in the Beaufort Division, Ag Mohd Tahir said the implementation of all works was carried out at the divisional level, and that he claimed to have no knowledge of the 27.5 per cent commission. In response to a question, Ag Mohd Tahir testified that he had never instructed anyone, including his family members, to approach divisional or district engineers to prepare any application letters. He said this when asked to comment on Suhaimi's witness statement, which alleged, among other things, that several agents, comprising his family members and friends, had claimed they had his permission to deal with the Water Department in Beaufort, including in Membakut and surrounding areas. When asked about Suhaimi's allegations —particularly claims of threats that divisional engineers would be transferred, and Suhaimi's fear that he might be harmed by Ag Mohd Tahir and his group — Ag Mohd Tahir responded: 'That may be his personal opinion. I have never threatened anyone.' Ag Mohd Tahir testified that no water engineers, including Suhaimi, from the division or district had ever reported to him that they were threatened by contractors during his tenure as Director of JANS. When asked who served as his deputy from the end of 2003 until 2016 during his tenure as Director of JANS, Ag Mohd Tahir testified that it began with Lim as deputy director, and upon his retirement, the position was taken over by Teo. In response to another question about whether the Director had the authority to appoint contractors at the division or district level, Ag Mohd Tahir stated that the responsibility for appointing contractors lay with the divisional and district engineers, who had been authorised to appoint JANS contractors. He added that the entire process, from tendering to contractor appointment, was under the jurisdiction of the divisional and district water engineers, who also established specific committees to offer work and appoint contractors. Together with Ansari Abdullah is counsel Erveana Ansari in representing Ag Mohd Tahir and Fauziah while counsel Datuk Tan Hock Chuan and Baldev Singh represented Lim. Deputy Public Prosecutors Mahadi Abdul Jumaat and Haresh Prakash Somiah appeared for the prosecution. The trial will continue on June 25. * Follow us on Instagram and join our Telegram and/or WhatsApp channel(s) for the latest news you don't want to miss. * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
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