Jamil Khir to file challenge against Tabung Haji case charges

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Jamil Khir challenges Tabung Haji charges

Highlights

Jamil Khir Baharom will file an application challenging charges of misappropriating Tabung Haji property worth more than RM800 million in total.
The prosecution disclosed that related documents are being submitted, and the court set 14 January next year for the next mention of the case.
All three charges under Section 403 of the Penal Code involve the transfer of funds to Saudi Arabia-based company Al Rawda Real Estate Development and Projects Management Co Ltd.

This article was translated from the original. Read the original version by our correspondent here.

Defence applications and case schedule

As reported by The Edge Malaysia, Datuk Seri Jamil Khir Baharom’s lawyer informed the court during case management on Thursday that several applications would be filed, including one relating to the charges in the case. Datuk Hamidi Md Noh said the applications would also cover a challenge to the charges, bail-related matters concerning the passport, and other applications to be filed after further documents were received.

The defence also urged the public not to make sub judice statements about the case and to avoid conducting a trial by public opinion. He said speculation on social media could potentially affect the judicial process, and that decisions in an ongoing case should come from the court, not social media.

He added that the defence had identified several social media accounts for potential court action. Deputy public prosecutor Nidzuwan Abd Latip said one volume of documents had been submitted to the defence, while several other documents were still outstanding and a new case management date was needed.

Sessions Court Judge Rosli Ahmad set 14 Jan next year for the next mention of the case.

Charges of misappropriating Tabung Haji property

Jamil Khir was charged on 14 Sept with three counts of dishonest misappropriation of Tabung Haji property while serving as a minister in the Prime Minister’s Department responsible for Islamic affairs. Thursday was the first case management hearing for the matter.

For the first charge, he is accused of misappropriating Tabung Haji property worth RM42,942,074, equivalent to 44,170,000 Saudi riyals, in favour of Saudi company Al Rawda Real Estate Development and Projects Management Co Ltd at his ministry’s office in Putrajaya on 3 April 2015. The second charge involves RM288,172,134.64, equivalent to 250,041,622 Saudi riyals, in favour of the same company at the same location on 14 Dec 2016.

The third charge involves the alleged misappropriation of Tabung Haji property worth RM529,194,561.87, equivalent to 471,848,615 Saudi riyals, in favour of the same company at his office on 17 Aug 2017. All charges were brought under Section 403 of the Penal Code, which provides for imprisonment of six months to five years, whipping and a fine for each charge upon conviction. However, whipping will not be imposed because of the accused’s age.

Proposed amendments to the Tabung Haji Act 1995 that we reported on earlier focus on strengthening governance, including enshrining board appointment requirements in law and prohibiting active politicians from being appointed as directors. The move is linked to findings by a royal commission of inquiry that highlighted weaknesses in governance, financial risks and political influence in board appointments and hibah distribution decisions during 2014–2020.

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