KUALA LUMPUR, Sept 3 — A former Health and Safety Manager of THP Bina Sdn Bhd was charged in the Sessions Court today with three counts of criminal breach of trust (CBT) involving RM72,000 in penalty funds collected in connection with a proposed office complex development project in Putrajaya.
Nasahruddin Ahmad, 56, pleaded not guilty to all the charges, which were read out separately before Judge Rosli Ahmad.
THP Bina is a wholly owned subsidiary of TH Properties Sdn Bhd, which in turn is a subsidiary of Lembaga Tabung Haji. The company specialises in construction and project management.
According to the charges, Nasahruddin, having been entrusted with RM72,000 collected as penalties from contractor Fourth Wave Sdn Bhd in his capacity as the company’s Health and Safety Manager, allegedly committed criminal breach of trust by depositing the funds into his personal account.
The penalty funds were related to a proposed office complex development in Precinct 3, Putrajaya, comprising: PT 12081 (Block A – 10-storey office, Block B – 9-storey office, an auditorium, and three levels of basement parking); PT 12075 (Block C – 7-storey office and two levels of basement parking); and PT 12074 (Block D – 9-storey office and two levels of basement parking).
The offences were allegedly committed at the Putrajaya Islamic Complex in Precinct 3 between April 26, 2013, and August 12, 2015.
The charges were brought under Section 409 of the Penal Code, which carries a maximum sentence of 20 years’ imprisonment, whipping and a fine upon conviction.
Judge Rosli granted Nasahruddin bail of RM50,000 with one surety for all three charges, subject to three additional conditions: he must report to the Malaysian Anti-Corruption Commission (MACC) office in Putrajaya once a month, surrender his passport to the court until the case is concluded, and refrain from interfering with or contacting prosecution witnesses.
The court fixed October 5 for the next mention of the case.
Earlier, Deputy Public Prosecutor Irna Julieza Maaras said the offence under Section 409 of the Penal Code was non-bailable, although the court retained the discretion to grant bail.
“If the court grants bail, the prosecution proposes a bail amount of RM70,000 for all three charges.
“The prosecution also proposes three additional conditions: the accused must report monthly to the nearest MACC office, surrender his passport to the court until the case is concluded, and refrain from interfering with or contacting any witnesses who may be involved in the case,” she said.
Lawyer Muhammad Naqib Aiman Mohd Faizal, representing the accused, argued that the prosecution's proposed RM70,000 bail was excessive.
He said his client, who runs an eatery and earns about RM3,000 a month, supports four children aged between 21 and 26 and suffers from hypertension and a slipped disc.
“My client was not arrested in connection with this case. Instead, he voluntarily presented himself at the Malaysian Anti-Corruption Commission (MACC) headquarters in Putrajaya and fully cooperated with the agency, having previously been released on RM10,000 bail.
“My client and his family reside in Bukit Tinggi, Klang. As Malaysian citizens, they pose no flight risk. Nevertheless, the accused has no objection to surrendering his passport to the court,” he said.
Naqib noted that he had been informed that although the case involved Tabung Haji, it did not concern public funds but “private” money, specifically, settlement funds from a lawsuit against a contractor.
“Based on these grounds, I request that the court set the bail at the lowest possible amount,” he said.
Meanwhile, in court before Judge Azura Alwi, former TH Properties Sdn Bhd and THP Bina Sdn Bhd deputy general manager Tengku Kamarolhisham Tengku Kamaruddin, 55, pleaded not guilty to three charges of abetting the same offences at the same place and time.
Under the first to third charges, he is alleged to have abetted the offences by instructing Nasahruddin to deposit RM72,000 into his (Nasahruddin's) bank account.
All three charges were brought under Section 109 of the Penal Code, read with Section 409 of the same law.
Irna Julieza proposed bail of RM70,000 with one surety for all three charges, along with the same additional conditions sought in Nasahruddin’s case.
Naqib, who also represented Tengku Kamarolhisham, requested a lower bail amount, citing his client’s financial circumstances.
He said his client, currently a trader, supports six children aged between 13 and 29.
Judge Azura granted the accused bail of RM,45,000 with one surety, subject to conditions requiring the surrender of the passport to the court until the case concludes and prohibiting any interference with prosecution witnesses.
The court then set October 5 for mention.
Before this, the MACC obtained remand orders against 11 individuals to assist in the investigation into the Royal Commission of Inquiry report on Lembaga Tabung Haji.
Those remanded included the former TH chairman, former chief executive officer, a former minister, and several senior management personnel and individuals linked to related companies.
