Sim Choo Thiam, who filed his application in the sessions courts here two days ago, is seeking a discharge not amounting to an acquittal (DNAA).
He claimed the prosecution has breached its statutory obligation under Sections 153 and 154 of the Criminal Procedure Code (CPC).
Section 153 requires the prosecution to ensure that the charge contains particulars as to time, place and person, while Section 154 says the nature of the case against an accused must also be specified to give sufficient notice of the case against him.
“Further, the Malaysian Anti-Corruption Commission’s investigation, in this case, is incomplete,” Sim said in the court filing sighted by FMT.
The 53-year-old businessman has also filed an alternative application to compel the prosecution to specify in writing facts favourable to the defence under Section 51A(1)(c) of the CPC in preparation for his defence.
He said MACC only recorded a statement from former home minister Hamzah Zainudin on the evening of May 10, after he had been charged earlier that same day.
He said his cautioned statements to MACC, recorded on Feb 16 and 28, contained various exculpatory statements that contradicted the ingredients of the offence as stated in the four charges brought against him.
Lawyer Low Wei Loke, a member of Sim’s legal team, said the case will be called for case management on July 31 before judge Rozina Ayob.
On May 10, Sim claimed trial to four charges under Section 16(a)(B) of the MACC Act 2009.
On the first charge, he is accused of having demanded RM15 million from Hep Kim Hong at Jalan Dutamas 1 here in June 2021.
The prosecution claimed the sum was meant as an inducement for Hamzah to assist Hep’s company, Asia Coding Sdn Bhd, in securing projects from his ministry.
Sim was handed three other charges involving the receipt of RM15 million in cash from Hep between July 19 and July 31, 2021.
Last month, Rozina fixed the trial to run from May 6 to 17 next year.
Sim is also represented by lawyers Hisyam Teh Poh Teik, Kee Wei Lon and Hannah Kam.