“That you, between Sept 25 and Nov 6, 2002, at Level 4 of the Prime Minister’s Office in Bangunan Perdana Putra, cheated the Government by deceiving the Cabinet into approving a land purchase in Pulau Indah for a Mega Distribution Hub project in Port Klang according to the terms agreed between Kuala Dimensi Sdn Bhd and Port Klang Authority which, among others, are:
a) the size of the land being 999.5 acres or 43,538,200 sq ft
b) the purchase price for the land being RM25 per sq ft amounting to a total of RM1,088,456,000
c) the repayment period being based on a “deferred payment” of 15 years with an interest rate of 7.5% per annum (total RM720,014,600), and thereby dishonestly hiding the fact that the valuation by the Valuation and Property Service Department on the land was RM25 per sq ft for a repayment period of 10 years or RM25.82 per sq ft for a repayment period of 15 years, including coupon/interest that could be charged for the repayment period.
And as such, you purposely induced the Cabinet to give its consent to the purchase, whereas the Cabinet would not have given its consent if the fact had been told to the Cabinet, and the fraud was committed with the knowledge that you could cause a loss to the Government, where you have an interest in the transaction pertaining to the fraud and you are bound under the law to protect it and, as such, you have committed an offence punishable under Section 418 of the Penal Code.”
(Section 418 concerns “cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect”.)
He also faced a similar alternative charge (for an alleged offence committed at the same time and place) under Section 417 of the Penal Code that concerns “punishment for cheating”.
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