PUTRAJAYA, Nov 3 — The Court of Appeal has upheld the acquittal of a former Federal Land Development Authority (Felda) senior officer on two counts of abetment in a criminal breach of trust case involving Felda funds of over RM47 million.
A three-member bench led by Justice Datuk Azmi Ariffin unanimously dismissed the prosecution’s appeal to reinstate the Sessions Court’s decision to convict Datuk Faizoull Ahmad, 65, for the offence.
The panel, which also comprised Justices Datuk Noorin Badaruddin and Datuk Meor Hashimi Abdul Hamid, ruled that there was no reason to disturb the High Court’s decision that acquitted and discharged the former Felda director-general.
In delivering the court’s decision, Justice Azmi said the prosecution’s appeal lacked merit, and the appellate court concurred with the High Court's findings.
“There is no reason for us to interfere with the decision and findings of the High Court,” he said, affirming the High Court’s decision that had set aside the Sessions Court’s verdict.
Faizoull was previously charged in the Sessions Court with two counts of abetting Felda’s former deputy director-general (strategic resources), the late Muhammad Sufi Mahbub, in committing criminal breach of trust involving RM47.63 million.
Sufi was accused of dishonestly disposing of and approving payments of RM25,999,000 and RM21,626,500 without the approval of Felda’s board of directors or its tender committee.
The alleged offences took place at Wisma Felda building, Jalan Perumahan Gurney, between January 13 and July 23, 2014.
On June 8, 2018, the Sessions Court convicted both men, sentencing Sufi to five years’ imprisonment on each count and Faizoull to two years’ jail on each count, with the sentences to run concurrently.
However, on September 22, 2022, the High Court allowed Faizoull’s appeal, setting aside his conviction and ordering his acquittal and discharge.
As for Sufi, the High Court struck out both his appeal and the prosecution’s cross-appeal on the sentence after his death at the age of 58 during the appeal proceedings.
Deputy Public Prosecutors Mohd Radzi Shah Ab Razak and Elyza Amira Habeeb Rahman, from the Malaysian Anti-Corruption Commission, appeared for the prosecution, while Faizoull was represented by a legal team led by Datuk Sukri Mohamed.
