KUALA LUMPUR, Sept 4 — The Sessions Court has dismissed an application by Maju Holdings Sdn Bhd director Tan Sri Abu Sahid Mohamed and his wife for a discharge not amounting to an acquittal (DNAA) on charges of criminal breach of trust and money laundering.
Judge Suzana Hussin rejected the application after lawyer Jasbeer Singh, representing Abu Sahid, 75, and Puan Sri Noor Azrina Mohd Azmi, 49, made the application during case management proceedings.
“The court rejects the defence’s application, and the prosecution is required to submit a list of witnesses to be called to testify before the court sets the trial date,” she said today, setting November 20 for further case management.
Earlier, Jasbeer sought a DNAA on the grounds that the prosecution had yet to hand over important documents related to the case, despite the charges being brought a year ago.
He said his clients were charged in September last year and seven case mention proceedings had since been held to allow the prosecution to submit the relevant documents.
“The question now is whether the issue concerning the evidence is covered under Section 51A of the Criminal Procedure Code regarding the handing over of documents. Charges should not have been brought if the investigation was still ongoing or incomplete,” Jasbeer said.
However, Deputy Public Prosecutor Nidzuwan Abd Latif told the court that the prosecution would hand over five more volumes of documents after liaising with the relevant authorities and agencies.
The documents would be provided before the trial to give the defence sufficient time to prepare.
Abu Sahid faces five charges of misappropriating more than RM458.5 million belonging to the company entrusted to him, involving bank accounts in Taman Tunku and Taman Serdang Perdana, between May 3, 2016 and October 21, 2019.
The charges were framed under Section 409 of the Penal Code, which carries a maximum jail term of 20 years, whipping and a fine upon conviction.
He also faces 10 charges of transferring proceeds from unlawful activities amounting to RM116,449,536.12 from his accounts to five individuals and four construction companies.
In three other money laundering charges, Abu Sahid is alleged to have disposed of proceeds from unlawful activities totalling RM22,802,612.86 by making cash withdrawals through 15 cheques from his account at the same bank between May 4, 2016 and September 19, 2018.
Meanwhile, Noor Azrina was charged with receiving proceeds from unlawful activities amounting to RM67.14 million through her bank account from an account belonging to Abu Sahid.
The offence was allegedly committed at a bank in Bukit Tunku between March 6, 2017 and November 27, 2017.
Abu Sahid's three money laundering charges and Noor Azrina's charge were brought under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001, punishable under Section 4(1) of the same Act.
A conviction under the section carries a maximum prison term of 15 years and a fine of not less than five times the amount of the proceeds of unlawful activity or RM5 million, whichever is higher.
