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Published: Friday May 10, 2013 MYT 6:10:00 PM
Updated: Friday May 10, 2013 MYT 6:43:09 PM

PKFZ trial: Court rejects application for short adjournment


Tan Sri Chan Kong Choy Tan Sri Chan Kong Choy

KUALA LUMPUR: The High Court here dismissed an oral application for a short adjournment for a new date to allow the prosecution to consider a representation by former Transport Minister Tan Sri Chan Kong Choy who is charged with cheating in the Port Klang Free Trade Zone (PKFZ) scandal.

Justice Datuk Zamani Abdul Rahim said Chan was charged on Feb 28, 2011 and the public should not be made to perceive that it was the court that was delaying the matter by allowing the application.

He set four days, from Aug 19, to begin hearing the case.

"I'm duty bound to ensure that there is no further delay on this matter and (no) wrong perception by the public about the judiciary.

"Court records showed that the representation was sent to the Attorney-General's Office on March 20 last year and it has been about a year and two months, no decision on this matter," said Zamani, who was visibly upset after deputy public prosecutor C. Vignesh Kumar requested for time before making a final decision on the application.

Zamani, who is from Penang High Court, said he even accommodated the lead prosecutor Datuk Nordin Hassan, who was involved with prosecuting intruders in Sabah, by vacating the matter, which was fixed for mention last month.

"I had given priority to this matter today and expected the prosecution to inform the outcome of the representation and facilitate the court to set the trial date, if defence does not succeed in their application," stressed Zamani.

Meanwhile, Chan's counsel, Datuk Tan Hock Chuan, told the court that the defence also shared the same sentiments expressed by the judge and had no objection for short adjournment of date.

He (Tan) also produced a medical certificate of Chan who was not present in court during Friday's proceedings.

"Whether the defence succeed or not with their representation, I already made up my mind by setting the dates for this trial," said Zamani, adding that he could not tolerate any further request for postponement.

He also directed both the defence and prosecution to submit their respective submissions by Aug 19 on the former's application to recuse him from hearing the main trial.

Chan faces three counts of cheating former prime minister Tun Abdullah Ahmad Badawi by deceiving him into approving Kuala Dimensi Sdn Bhd (KDSB) as the turnkey developer for the RM1.9bil transport hub in Pulau Indah Free Zone and renovation works at the PKFZ site, between 2004 and 2006.

Chan, 58, allegedly concealed the fact that the project would be funded by a KDSB bond through Transshipment Megahub Berhad, supported by himself as Transport Minister.

He was charged with committing the offences at the fourth floor of the Prime Minister's Office, Perdana Putra building in Putrajaya.

The charge, under Section 417 of the Penal Code, carries a five-year imprisonment or fine or both, upon conviction.

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