By Timothy Achariam, and Justin Cheng | The Edge Malaysia
Former finance minister Tengku Datuk Seri Zafrul Abdul Aziz denied there was any interference from Tan Sri Muhyiddin Yassin in the award of government projects to contractors the former prime minister proposed in 2020, saying the final approval rested solely with the Ministry of Finance.
Testifying as the 11th prosecution witness in Muhyiddin’s graft trial involving the Jana Wibawa programme on Tuesday, Tengku Zafrul also agreed with defence counsel Datuk Amer Hamzah Arshad that he had not been shown any document indicating Muhyiddin had any personal interest in the 54 contractor companies that received government tenders.
During cross examination, Amer Hamzah questioned Tengku Zafrul about the project evaluation process.
Amer Hamzah: Was there any interference by the prime minister in the approval of the evaluation?
Tengku Zafrul: The evaluation is carried out by a committee from the Government Procurement Division. The committee then makes its recommendation and the final approval is given by the Ministry of Finance.
Amer Hamzah: Based on the process you described, was there any intervention or interference by the prime minister?
Tengku Zafrul: Based on my knowledge, there was none.
The 54 contractors and the Jana Wibawa memo
The court previously heard from Tengku Zafrul on Monday that Muhyiddin had, on Nov 13, 2020, sent a letter to him to propose the appointment of 54 contractors for projects under the Jana Wibawa programme through direct negotiation. The letter included a list of the proposed companies and their respective project values.
Jana Wibawa — or formally the “Program Jana Ekonomi Pemerkasaan Kontraktor Bumiputera Berwibawa” — is a stimulus initiative designed to pump-prime the economy and help Bumiputera contractors by accelerating government project implementation during the Covid-19 pandemic.
Tengku Zafrul, in reading out his witness statement on Monday, said Muhyiddin also sent a memo to the MOF, instructing the ministry to immediately consider the proposal submitted. He also testified that he did not know who the contractors were or how Muhyiddin compiled the 54 names.
He also stated that Muhyiddin never disclosed that he or his party, Parti Pribumi Bersatu Malaysia, would receive donations from the companies listed in that letter.
‘Memos were for consideration, not absolute approval’
Tengku Zafrul also told the court that there were several letters of support sent to the ministry from the Prime Minister’s Office, which had handwritten notes signed by Muhyiddin.
When questioned about the handwritten notes — which included phrases like “Agree with the pre-qualification method” and “YMBK (Yang Berhormat Menteri Kewangan), I agree that it is done through PreQ” — Tengku Zafrul agreed with the defence counsel’s suggestion that they did not amount to tacit or final approval.
Amer Hamzah: These memo (notes) cannot be regarded as approval from the Prime Minister?
Tengku Zafrul: Agreed.
Amer Hamzah: Regardless of what is being discussed, everything must obtain Cabinet approval?
Tengku Zafrul: Yes, unless the prime minister decides otherwise.
Amer Hamzah: So this memo was merely to bring the matter to your attention.
Tengku Zafrul: It was brought to my attention for consideration.
Amer Hamzah: It was not a mandatory instruction, merely a suggestion for your consideration. It was simply to draw your attention to the matter.
Tengku Zafrul: If it comes from the prime minister, I will act on it. I will take the necessary action to ensure the proposal is considered.
Amer Hamzah: It is merely an administrative process to bring the matter to your attention.
Tengku Zafrul: It depends on the context. Sometimes the memos contain clear instructions. Tan Sri Muhyiddin, for example, could simply write, “I disagree.” That is why I say it depends on the context.
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 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 on Wednesday.
Edited by Tan Choe Choe
