Kota Kinabalu: Former Chief Minister Tan Sri Joseph Pairin Kitingan denied in the Special Corruption Court hearing the Sabah Water scandal, Wednesday, that he received illicit contributions while as State Minister of Infrastructure Development.
Pairin was refuting evidence by the prosecution’s 29th witness, former Water Department deputy director Teo Chee Kong, who had alleged that contributions were made to Pairin between 2009 and September 2016.
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Under examination-in-chief by Datuk Ansari Abdullah before Judge Abu Bakar Manat, Pairin, 85, who was testifying as a defence witness for former Sabah Water Department Director Datuk Ag Mohd Tahir, was asked whether Teo’s testimony was true.
Pairin: “This testimony is not true”.
Teo had told the court that contributions were allegedly given also to Datuk Raymond Tan when the latter held the Infrastructure Development Minister from the second quarter of 2005 until 2009 and later to Pairin from 2009 until September 2016, when Pairin took over.
Teo was the Kota Kinabalu Divisional Water Engineer and later became deputy director of Sabah Water Department after Lim.
To a question by Ansari, whether he had ever been interviewed by the Malaysian Anti-Corruption Commission (MACC) regarding the 2016 operations against the Water Department which led to the arrests of first accused Ag Mohd Tahir, the Director; third accused Lim Lam Beng, the deputy director and former Deputy Director Teo, Pairin said he could not recall any such interview.
Asked whether he had read newspaper reports on the matter, Pairin said it might have been reported, but he could not recall reading about it.
Ansari also questioned Pairin on allegations of a so-called “Centralised Collection System” allegedly devised by the Department between 2007 and 2016, under which contractors were said to have made contributions that were later distributed among senior officers of the department, senior officials in the Ministries of Finance and Infrastructure Development, as well as the Infrastructure Minister.
Pairin said he had no knowledge of such an arrangement of kickbacks. Before commencing his evidence in court, Pairin stated his occupation as a retiree.
He told the court that he had served the State Government from 1976 until 2018, holding positions including as Chief Minister, Deputy Chief Minister and Minister of Infrastructure Development.
Pairin said he believed he had served two terms as Infrastructure Development Minister, ending in 2018. He confirmed that the Department was under his charge and control during his tenure.
He further identified Ag Mohd Tahir and Lim Lam Beng, who were seated in the accused dock.
Ag Tahir, his wife Fauziah Ag Piut as second accused and Lim Lam Beng are on trial for multiple money-laundering charges involving RM61.57 million, as well as unlawful possession of luxury goods between October and November 2016.
Asked about Ag Mohd Tahir’s performance as Water Department director, Pairin said the department had long been the subject of public complaints due to inadequate water supply and the issue of Non-Revenue Water (NRW).
“We tried to overcome by changing all water pipes, but of course funding was a problem, so we could not repair targets in time during my term.”
Pairin recalled there was a need to review the officers concerned, but he was advised not to do so.
On the issue of authority, he agreed that the Director had control over funds, subject to certain procedures to be followed, and that in the appointment of contractors there are also certain procedures to be followed.
He also confirmed that Treasury Instructions applied to the Ministry of Infrastructure Development and all departments under it during his tenure.
On whether he knew the value of contract works that will be handled by the department and the value of contract works that will be handle by the Ministry of Infrastructure Development or Ministry of Finance, Pairin said: “Not until it is shown to me.”
During cross-examination by Deputy Public Prosecutor (DPP) Haresh Prakash Somiah, Pairin said although he was the Minister of Infrastructure Development, he was not involved in the day-to-day running of the Sabah Water Department.
Asked about his earlier identification of Ag Mohd Tahir and Lim Lam Beng, Pairin said although it had been a long time, they were officers serving under his ministry during his tenure, and confirmed that they were officers of the State Water Department.
Asked when he first became aware of Teo Chee Kong’s earlier testimony, he said he learned of it through newspaper reports but did not lodge any police report or make a report to the Malaysian Anti-Corruption Commission (MACC) thereafter.
To a question Pairin said he had met Ag Mohd Tahir and Lim Lam Beng only during briefings and official visits to Water Department offices in various districts.
Separately, during cross-examination by DPP Mahadi Abdul Jumaat, Pairin said he had met Teo during briefings and official visits, adding that over the many years of his tenure, he had met him more than once.
He agreed that he knew Teo strictly in his official capacity as minister, and not on a personal basis.
Meanwhile, the defence’s eighth witness, Datuk Felix Madan, a former Permanent Secretary at the Ministry of Finance and later the Ministry of Infrastructure Development, told the court that he never heard of any so-called “Centralised Collection System” operating within the Sabah Water Department.
Under examination-in-chief by Ansari, Felix said he served at the Ministry of Finance from 2005 and later at the Ministry of Infrastructure Development until December 2014.
Asked whether he heard of a so-called “Centralised Collection System” in the Water Department in which contractors were allegedly required to pay 10.75 per cent for distribution among officers of the Water Department, the Ministry of Finance and the Ministry of Infrastructure Development, Felix replied: “No.”
Asked whether any money had ever been delivered to him from the Water Department while he was in government service between 2005 and 2014, he responded “No”.
When referred to Teo Chee Kong’s testimony that one per cent of the alleged collections was allocated to the Ministry of Finance and 1.5 per cent to the Ministry of Infrastructure Development, Felix said he had no knowledge of such allocations.
Felix told the court that he only became aware of the Malaysian Anti-Corruption Commission (MACC) raid on the Water Department in 2016 through news reports, as it took place after his retirement.
He also confirmed that he had never been interviewed by MACC from 2016 until now.
Asked whether he knew Teo Chee Kong, the former deputy director and district divisional engineer of the State Water Department, Felix said he did, as he met Teo regularly during monthly project monitoring committee meetings at the Ministry of Infrastructure Development, together with other Water Department officers.
Felix denied receiving any money from Ag Mohd Tahir, Lim Lam Beng or Teo Chee Kong during his service at either the Ministry of Finance or the Ministry of Infrastructure Development.
Ansari also represented Fauziah while counsel Datuk Tan Hock Chuan and Baldev Singh represented Lim.
Also present were counsel Sonny Durai and Datuk Lawrence Thien, who appeared as watching brief counsel for Pairin.
Trial continues.
