Company director cleared of six CBT, money laundering charges
SHAH ALAM: A director of a plantation company was acquitted and discharged by the Sessions Court here yesterday on six counts of criminal breach of trust (CBT) and money laundering, involving more than RM3 million in property sale in the Cameron Highlands.
Judge Asmadi Hussin ordered R. Summugam, 63, to be released after finding that the prosecution had failed to establish a prima facie case.
In the judgment, he said, the failure of the prosecution in calling the material witnesses to testify had created gaps and doubts in the prosecution’s case, other than weak investigation.
“The money that was withdrawn belonged to the accused as approved by the company board of directors.
“Therefore, the court finds that the accused did not commit CBT and simultaneously, the offence under the Anti-Money Laundering and CounterTerrorism Act cannot be proven,” he said.
Asmadi said that after making a maximum evaluation of the prosecution’ case through the witnesses, exhibits that were produced, as well as the credibility of the witnesses, the court was satisfied that the prosecution had failed to establish a prima facie case.
“The accused is therefore acquitted and discharged of all charges without having to enter his defence,” he added.
Summugam was charged with three counts of committing CBT, made under Section 409 of the Penal Code.
Two of the charges were RHB cheques for RM200,000 and RM2.8 million at the bank’s branch at Persiaran Sultan Ibrahim, Klang, on May 30, 2008, and a Maybank branch in Shah Alam on June 2, 2008, respectively.
On the third count, he was charged with committing CBT by cashing an Alliance Islamic Bank Berhad cheque for RM249,235.82 belonging to a legal firm, Messrs. Seah, Balan, Ravi and Co, without the knowledge and approval of the board of directors of the company he was working for.
The offence was allegedly committed at the Alliance Islamic Bank branch in Klang, Selangor, on April 28, 2011.
The money laundering charges made against him included for withdrawing RM200,000, obtained through dubious means, which belonged to Tan Choon Kiat and Lee Seng Teck at the RHB Bank branch at Persiaran Sultan Ibrahim, Klang, on May 30, 2008.
He was also charged with depositing a RHB Bank cheque for RM2.8 million belonging to Tan and Lee into his account at the Shah Alam Maybank branch on June 2, 2008.
The third charge was for cashing a Alliance Islamic Bank Berhad cheque for RM249,235.82O, which was obtained though dubious means, belonging to Messrs. Seah, Balan, Ravi and Co at the Alliance Islamic Bank, Klang branch, Selangor, on April 28, 2011.
A total of 12 witnesses were called to testify during the hearing.
The prosecution was conducted by deputy public prosecutor from the Malaysian Anti-Corruption Commission, Mohammed Heikal Ismail, while Summugam, was represented by lawyers Datuk V. Manokaran and Nicholas Netto. - Bernama