By Justin Cheng, and Timothy Achariam | The Edge Malaysia
The RM141 million contract for the North Klang district police headquarters (IPD Klang Utara) under the Jana Wibawa initiative was awarded to Nepturis Sdn Bhd, a company controlled by a non-Bumiputera businessman, the High Court was told on Thursday.
Aliza Abd Malek, a director and senior procurement executive at Nepturis Sdn Bhd and the 13th prosecution witness in former prime minister Tan Sri Muhyiddin Yassin’s graft trial, testified that a multi-million-ringgit contract given to a Bumiputera-status company was handled by a non-Bumiputera businessman, Lian Tian Chuan, or TC Lian. She revealed that despite the firm’s official Bumiputera status to bid for government work, its financial backing and operations were controlled by Lian.
Aliza testified that she and her fellow director, Mohd Rizman Akum Khan, took over Nepturis in 2018 under TC Lian’s explicit directive to focus on construction work and obtain Construction Industry Development Board (CIDB) licences for government contracts.
Secret 30% ownership arrangement
While Aliza and Rizman were officially appointed as directors and held 50% equity stakes each on paper, Aliza revealed that a secret understanding existed regarding the actual ownership, which included TC Lian holding a 30% stake in Nepturis Sdn Bhd.
She stated that this arrangement existed because Nepturis’ capital came entirely from capital injections via TC Lian’s other company, Metrasys Sdn Bhd. Due to this financial backing, company operations required ongoing consultation with him.
During cross-examination, Muhyiddin’s lawyer Datuk Amer Hamzah Arshad questioned how a 50-50 split could accommodate a third party, exposing how the setup deliberately hid Lian’s involvement from the Companies Commission of Malaysia (SSM).
Amer Hamzah: If we have 100%… 50%-50% (You and Rizman). Then TC has 30%. That makes it 130%. How does that work?
Aliza: On paper, it is indeed 50-50 between me and Rizman. But between me, Mr Lian (TC) and Rizman, it is split three ways.
Amer Hamzah: So, you are holding the shares on his behalf? It is clear that on paper it’s 50-50. But in reality, it’s split three ways.
In her witness statement that she read out in court, Aliza testified that she had been working in MK Construction & Communication Sdn Bhd (MKCC) — a company owned by Lian — since 2003 as a procurement/purchasing clerk. She said that she and Mohd Rizman were approached to take over Nepturis on a 50/50 basis in 2018 by TC Lian.
When questioned during cross-examination by Amer Hamzah, she said that Lian gave her the company to “move forward in life”.
Amer Hamzah put it to her that Lian did not want his name to appear in Nepturis because he did not want the public, the government and related parties to know of his involvement.
Amer Hamzah: So, I suggest to you, one of the reasons as to why TC Lian did not want his name to appear in this Nepturis company was because he did not want the public, the government and related parties to know that he has an interest in Nepturis. Do you agree or not?
Aliza: Personally… I have worked with TC for a long time. He wanted me to move forward a step further. So, he handed over this company to me and Rizman to operate, to get government projects to continue moving forward like that.
She noted that based on the agreement with Lian, all operations and company management had to be discussed with him to obtain mutual agreement, adding that they both acted strictly under the instructions of Lian from time to time.
She further elaborated that Lian’s role in the company was more focused on finding projects for Nepturis.
Managing multiple bids simultaneously
The court also heard details regarding how the project applications were prepared. Aliza testified that in February 2021, Lian had instructed her to draft five separate project application letters addressed to the prime minister, requesting to execute the construction of IPD Klang Utara via a pre-qualification (Pre-Q) tender.
Based on Lian’s instructions, Aliza had prepared these letters using five different company names: Permata Rebana Sdn Bhd, Fastcoll Corporation Sdn Bhd, JM Letrik Sdn Bhd, MZ Hakujaya Sdn Bhd and Nepturis Sdn Bhd.
Amer Hamzah: Look at your testimony… You said you prepared letters of interest from four other companies and Nepturis on TC’s instructions. Correct?
Aliza: Yes, correct.
Aliza further agreed that Lian was the central figure coordinating with the external directors to secure the necessary corporate documentations.
Amer Hamzah: So for all those companies — MZ Hakujaya, Fastcall, Permata Rebana, JM Matrix — there was already a discussion between TC and all the directors of those companies. Do you agree?
Aliza: Yes.
Amer Hamzah: So, TC was the one who informed about which projects those companies should apply for?
Aliza: I was instructed to prepare the support letters.
When the matter was summed up by the defence counsel, Aliza explicitly confirmed that Lian pulled the strings behind the scenes.
She further noted that after preparing the documents, she handed them over to Lian. She told the court she did not know who Lian dealt with or how he delivered the letters to the Prime Minister’s Office.
On March 26, 2021, Nepturis received an email from the Ministry of Finance (MOF) stating that the company had been listed for the Jana Wibawa Pre-Q assessment. Aliza noted that she only learned the project fell under the Jana Wibawa initiative through that specific email.
Following the submission of Pre-Q documents, the Public Works Department (JKR) sent a formal invitation letter on May 31, 2021 for Nepturis to tender for the project. On Dec 10, 2021, JKR issued a letter of intent offering Nepturis the IPD Klang Utara contract for a fixed sum of RM141 million, with a completion timeline of 191 weeks.
Nepturis allegedly contributed RM1 million to Muhyiddin’s party, Parti Pribumi Bersatu Malaysia (Bersatu), on Feb 16, 2022. Aliza stated that she was unsure if there were direct discussions between Rizman and Lian regarding the final suitability of the tender price offered to JKR. However, she confirmed that Rizman signed the official letter of acceptance on Jan 12, 2022, while she signed the document as a witness, both acting under the ongoing direction of Lian.
In this trial, Muhyiddin, whose full name is Mahiaddin Md Yasin, 79, is facing seven charges — four counts of abuse of power involving RM225.3 million in alleged gratification and three counts of money laundering involving RM200 million. He is accused of receiving bribes from businessman Datuk Azman Yusoff, 51, and three companies — including Nepturis Sdn Bhd and Mamfor Sdn Bhd — allegedly for the benefit of his political party Bersatu.
The trial before judge Noor Ruwena Md Nurdin continues.
Edited by Aniza Damis
