KUALA LUMPUR (March 25): A Malaysian Anti-Corruption Commission (MACC) officer told the court on Monday that she had lodged the complaint which launched investigations into former Parti Pribumi Bersatu Malaysia (Bersatu) information chief Datuk Wan Saiful Wan Jan, with regard to bribery allegations amounting to RM6.96 million in connection to the Jana Wibawa project, but at the same time, was uncertain from whom instructions to file the complaint came.

Khusyaini Adhillah Mat Aripin, 37, said that she made the complaint in January last year, after discussing the matter with her superior, Assistant Commissioner Mazery Mohd Zaini.

Testifying as the first witness in the Tasek Gelugor Member of Parliament's bribery and money-laundering charges, Khusyaini said that the complaint stemmed from a previous investigation by the anti-graft agency. However, she did not disclose details on the other investigation.

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"On Jan 27, 2023, I received information from [a previous] investigation that in 2022, Wan Saiful had solicited and received RM6.96 million from Nepturis Sdn Bhd, as an inducement to help them secure [a construction project] worth RM232 million. Based on that information, I lodged an MACC complaint on the same day," she said.

However, when grilled by defence counsel Amer Hamzah Arshad, the officer was unsure of many elements of the complaint.

Amer: You said that you discussed with Assistant Commissioner Mazery. Was he the one who instructed you to lodge the complaint?

Khusyaini: I don't know. I just discussed it with Mazery at this juncture.

Amer: Who gave the instruction to make this complaint?

Khusyaini: I'm not sure.

The witness also agreed with Amer that the words in her complaint were not her own and she didn't know whose words and phrasing they were.

Amer: Is this a “wahyu” [revelation] from the sky?

Khusyaini: I don't know.

Amer: So all the information in [the complaint], you don't know?

Khusyaini: Correct.

However, she disagreed with the defence lawyer that she had lodged a false complaint.

She also testified that she was not sure if Wan Saiful was a witness in the previous MACC investigation.  

During re-examination by deputy public prosecutor (DPP) Nor Diana Nor Azwa, the witness said that any MACC officer can make such a complaint if they suspect that offences under the MACC Act have been committed.

Nor Diana: You agree that it's your signature but the words [and phrasing] were not your own?

Khusyaini: The words were discussed with [my superior] Mazery.

Wan Saiful was charged under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 with soliciting bribes to help Nepturis Sdn Bhd secure a Central Spine Road project from the federal government through pre-qualification in April 2022.

On the second charge, he is charged under Section 17(a) of the MACC Act with receiving RM6.96 million through his company’s account from Nepturis, as an inducement to help the latter secure a letter of award for the same project.

The offences were allegedly committed between July 8 and Sept 30 in 2022.  

Both charges under the MACC Act are punishable under Section 24 of the Act, and carry a sentence of up to 20 years in jail and a fine of not less than five times the amount of the bribe or RM10,000, whichever is higher, upon conviction.

He also faces 18 charges of money laundering amounting to RM5.594 million.

The trial continues on Tuesday (March 26). 

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