The Sessions Court today rejected 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) over criminal breach of trust and money laundering charges.
Judge Suzana Hussin dismissed the application after lawyer Jasbeer Singh, representing Abu Sahid, 75, and Puan Sri Noor Azrina Mohd Azmi, 49, made the request 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.
The judge set Nov 20 for further case management.
Jasbeer had sought the DNAA on the grounds that the prosecution had yet to provide important documents relating to the case, despite the charges having been filed about a year ago.
He said seven case management proceedings had already been held to allow the prosecution to hand over 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,” he said.
However, deputy public prosecutor Nidzuwan Abd Latif said the prosecution was in the process of obtaining and would hand over another five volumes of documents after liaising with the relevant authorities and agencies.
He said the documents would be provided before the trial to give the defence sufficient time to prepare.
Abu Sahid faces five charges of allegedly misappropriating more than RM458.5 million belonging to Maju Holdings, which had been entrusted to him.
The alleged offences took place between May 3, 2016 and Oct 21, 2019 and involved bank accounts in Taman Tunku and Taman Serdang Perdana.
The charges were brought under Section 409 of the Penal Code, which provides for up to 20 years in prison, whipping and a fine upon conviction.
He also faces 10 charges of allegedly transferring proceeds from unlawful activities totalling RM116,449,536.12 from his accounts to five individuals and four construction companies.
In three further money laundering charges, Abu Sahid is accused of disposing of unlawful proceeds amounting to RM22,802,612.86 by making cash withdrawals through 15 cheques from his bank account between May 4, 2016 and Sept 19, 2018.
Meanwhile, Noor Azrina faces one charge of allegedly receiving RM67.14 million in proceeds from unlawful activities through her bank account from an account belonging to Abu Sahid.
The alleged offence took place at a bank in Bukit Tunku between March 6, 2017 and Nov 27, 2017.
Abu Sahid’s three money laundering charges and Noor Azrina’s charge were framed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
A conviction under the provision carries a maximum prison term of 15 years and a fine of at least five times the amount of the unlawful proceeds or RM5 million, whichever is higher.
