Hydroshoppe Sdn Bhd and its director Datuk Abdul Hamid Shaikh Abdul Razak Shaikh will be tried in the High Court over allegations they offered RM500,000 annually for 15 years to former minister Tan Sri Annuar Musa in connection with the Kuala Lumpur Tower (Menara KL) concession takeover [1, 2, 3, 4].
The bribery allegedly targeted Datuk Tan Ser Lay, 60, for Annuar Musa's benefit while he served as communications and multimedia minister. The offer was made at the ministry's headquarters between July and August 2022 [2, 3].
Charges against Abdul Hamid Shaikh fall under Section 16(b)(B) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, with Hydroshoppe charged under Section 17A(1)(a) of the same law [1, 4].
The trial was moved from the Sessions Court to the High Court on May 26 after High Court Judge Noor Ruwena Md Nurdin ruled it premature to conclude double jeopardy as the charges constitute two distinct offences despite arising from the same facts [1, 2, 3, 4]. The judge said, "The difficulty envisaged by the applicant in building his defence warrants the case being transferred to and heard by the High Court" [2]. She also stated, "I would say at this stage it's too early to say the charge is duplicitous, and it would also be too early to say that there will be a potential of double jeopardy because they are two distinct offences." [1]
Concerns about self-incrimination and being tried twice factored into the transfer decision. The court noted that since facts and prosecution witnesses are largely the same, it is more appropriate for both charges to be heard jointly under the Criminal Procedure Code at the High Court [1, 2, 3, 4].
Previously, the Sessions Court dismissed Hydroshoppe's application for discharge not amounting to acquittal or temporary trial suspension [2, 3]. Lawyer Datuk Amer Hamzah Arshad, representing the company and Abdul Hamid Shaikh, argued the overlapping charges pose risks of double jeopardy and self-incrimination, saying, "Although the charges are separate, both are based on the same alleged conduct, raising concerns over self-incrimination issues and the possibility of being prosecuted twice for the same offence, or double jeopardy." [4]
The prosecution is led by Dr Iffa Sirrhu Samsudin [2, 3, 4]. The next case management date for the High Court trial will be scheduled later [1, 2, 3, 4].
