Ex-CEO of Sime Bank withdraws appeal against RM600,000 fine for Bafia offences
PUTRAJAYA: A former Sime Bank chief executive officer yesterday withdrew his appeal against conviction and RM600,000 fine for four charges of approving credit facilities totaling RM175 million to an investment company without authority.
Datuk Ismail Zakaria, represented by lawyer Kitson Foong informed the three-man Court of Appeal panel led by Datuk Seri Zakaria Sam that he received instructions from the appellant’s family to withdraw the appeal.
“The appellant is unable to give any instructions because of his mental incapacity due to a serious stroke. This case was in 1999 and we have to end it today,” said Foong.
Deputy public prosecutor Samihah Razali told the panel that the prosecution had also agreed to withdraw its cross-appeal.
Justice Zakaria who presided over the case with Datuk Ahmadi Asnawi and Datuk Abdul Karim Abdul Jalil, then struck out both appeals but maintained the RM600,000 fine imposed by the High Court.
Samihah said when met that the prosecution withdrew its cross- appeal on humanitarian grounds.
Family members of Ismail, who is wheel- chair bound, were present in court yesterday.
On Aug 19, 2016, the Kuala Lumpur High Court found Ismail, 74, guilty of four charges under the Banking and Financial Institutions Act 1989 and fined him RM150,000, in default 10 months’’ imprisonment, on each charge.
The High Court made the ruling after allowing the prosecution’s appeal against the Sessions Court’s decision on Sept 12, 2011, to acquit and discharge Ismail of the charges.
Ismail approved RM59 million, RM50 million, RM40 million and RM26 million to Everise Capital Sdn Bhd between Sept 20, 1997, and Oct 21, 1997, in his office on the second floor of Sime Bank Building in Jalan Sultan Ismail here.
The charges were framed under Section 65(1) of the Banking and Financial Institutions Act 1989 and punishable under Section 103(1)(a) of the same Act, which provides for a jail term of up to five years or a maximum fine of RM5 million, or both, upon conviction. — Bernama