Former Land and Cooperative Development Minister Kasitah Gaddam has sought for his charges of corrupt practices to be reviewed by the Attorney-General's (AG) Chambers, the Kuala Lumpur High Court heard today.

His lawyer Mohd Roni Abdul Rahman told Justice Abdull Hamid Embong that he has written a letter dated Sept 1, 2004 to the AG to re-assess the case but to date, no reply was given.

"We hope that the court would fix a new date for mention because if the AG agrees with our reasoning, there would not be a need for a trial," said Mohd Roni today when the case was mentioned.

Met later, the lawyer told malaysiakini that Kasitah's representation letter to the AG had provided several reasons why the case should be reviewed.

"We revealed to the prosecution facts that were disclosed by my client (Kasitah) which revealed that he did not commit any offence. So we hope that the charges would be reviewed and withdrawn."

The court was scheduled to set new dates for hearing today but could not do so "due to the uncertain status of the case."

Tried together

"Since the case is still under review and the prosecution's appeal for a joint trial (with former Sabah Land Development Board (SLDB) general manager Wasli Mohd Said , who has been charged with similar offences in the Kota Kinabalu Sessions court) is still pending at the Court of Appeal, no hearing dates can be set," said Abdull Hamid who ordered the case to be mentioned again on Dec 6.

Earlier, deputy public prosecutor Mohd Hanafiah Zakaria told the court that the prosecution was still pursuing for Kasitah to be tried together with Wasli.

"However, our application was rejected by the sessions court and later affirmed by the Kota Kinabalu High Court. We have since filed for appeal at the Court of Appeal who has yet to set a date," he said.

"If the Court of Appeal rejects our appeal, we would bring the matter up to the Federal Court."

Kasitah, 57 is alleged to have used his position as the executive chairman of Sabah Land and Development Board for his pecuniary advantage by taking part in deliberations to approve a proposal for the sale of 16.8 million share units held by the Board in Sapi Plantation to Briskmark Enterprise Sdn Bhd whereas he has been promised 3.36 million share units.

He is alleged to have committed the offence at the Forum Meeting Room in the Fairlane Hotel in Kuala Lumpur on Oct 22 1996.

Under Section 417

The charge, under Section 2 (1) of the Emergency (Essential Powers) Ordinance No 22 1970, carries a maximum jail term of 14 years and a maximum fine of RM20,000 or both on conviction.

He faces a second charge for allegedly deceiving the Board members by omitting to disclose to them the offer by PPB Oil Palms Sdn Bhd to allocate five share units of the company for one share unit of Sapi Plantation in the proposal by PPB Oil Palms for listing on the Malaysia Securities Exchange Bhd.

He thereby dishonestly induced them to approve the sale of 16.8 million share units held by the Board in Sapi Plantations to Briskmark Enterprise whereas they would not have approved the sale of the share units if they had known about the offer by PPB Oil Palms.

The charge is under Section 417 of the Penal Code which carries a maximum jail term of five years or with fine or with both upon conviction.

Kasitah has since quit his ministerial and party posts.