Hydroshoppe and director allowed to stand trial in High Court

KUALA LUMPUR - Hydroshoppe Sdn Bhd and its director will stand trial in the High Court over allegations that they offered former minister Tan Sri Annuar Musa RM500,000 annually for 15 years in connection with the takeover of the Kuala Lumpur Tower concession.

High Court Judge Noor Ruwena Md Nurdin made the ruling after allowing Hydroshoppe and its director, Datuk Abdul Hamid Shaikh Abdul Razak Shaikh, to transfer their trial from the Sessions Court.

"I would say at this stage it's too early to say the charge is duplicitious, and it would also be too early to say that there will be a potential of double jeopardy because they are two distinct offences.

"However, I found a merit in the issue of unusual difficulty that is required to be heard by this court; therefore, the application for transfer is allowed," the judge said.

In her brief judgment, Justice Noor Ruwena said the application had merit after the court was satisfied with the applicants' arguments that there were legal issues which could give rise to unusual difficulty if the trial were heard in the Sessions Court.

"Although the two (the director and the company) are distinct legal entities, the court needs to consider how the trial of these cases will be conducted in the future.

"Given that the facts of the case and the prosecution witnesses are likely to consist of the same individuals, it is appropriate for the trials to be conducted jointly, and for the court to use its powers under the Criminal Procedure Code so that both cases are tried and heard together," she said.

She also informed that the next case management date would be set at a later time.

On May 15, lawyer Datuk Amer Hamzah Arshad, representing Hydroshoppe and Abdul Hamid Shaikh, argued that the charges involved Abdul Hamid Shaikh as an individual under Section 16(b)(B) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, and another against the company under Section 17A(1)(a) of the same Act.

He contended that 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.

He further argued that the charges in both proceedings raise complex legal questions, particularly regarding alleged violations of Articles 5, 7 and 8 of the Federal Constitution.

However, deputy public prosecutor Farah Ezlin Yusop Khan rebutted that the issue of double jeopardy does not arise because the charges involve different parties and different offences under the MACC Act 2009.

On April 5, 2023, Abdul Hamid, 52, was accused of offering a bribe to then-minister Annuar through Datuk Tan Ser Lay to expedite the takeover of the Kuala Lumpur Tower concession by his company.

He was charged under Section 16(b)(B) of the MACC Act 2009, which carries up to 20 years in prison or a fine of not less than five times the bribe's value or RM10,000, whichever is greater, upon conviction.

The offence was allegedly committed at the Ministry of Communications and Multimedia in Putrajaya between July and August 2022.

Hydroshoppe was charged under Section 17A(1)(a) of the same Act, which provides that a commercial organisation commits an offence if an associated person promises gratification to any person with an intent "to obtain or retain business” or "an advantage in the conduct of business for the commercial organisation”.

The offence is punishable by up to 10 years' imprisonment or a fine of RM1 million, or 10 times the bribe's value, whichever is higher, upon conviction. - BERNAMA