Lawyer acquitted of CBT charge in RM9mil land deal case
KUALA LUMPUR: The Sessions Court here has acquitted a lawyer who was accused of criminal breach of trust involving RM9mil over a land deal nine years ago.
Sessions Court judge Ahmad Kamal Arifin Ismail ordered for the discharge and acquittal of How Chee Hong, 51, after the court was informed that the prosecution would not pursue the case.
In 2016, How was accused of misappropriating RM9,056,124, which was deposit for the purpose of buying a piece of land in Kuala Lumpur.
The offence was allegedly committed at the CIMB Bank in Jalan Solaris, Solaris Mont Kiara, here between December 2010 and July 2012.
The charge under Section 409 of the Penal Code for criminal breach of trust is punishable by up to 20 years’ jail, whipping and a fine.
Lawyer Datuk K. Kumaraendran told the court that the defence had sent a letter of representation to the Attorney General’s Chambers (AGC) on Feb 15 for it to withdraw the case.
“We asked for the AGC to withdraw the case on grounds that the evidence been submitted to the court so far did not disclose any wrongdoings,” he said.
Deputy public prosecutor Muhammad Ilmami Ahmad confirmed that the AGC had received the letter and asked the court to grant a discharge not amounting to an acquittal.
Kumaraendran, however, disagreed and asked the court to grant a full acquittal.
“We can’t have the charge hanging over the accused indefinitely,” he said.
Ahmad Kamal then granted an acquittal.
“After hearing all the submissions, I order for a discharge and an acquittal as provided for by Section 254(3) of the Criminal Procedure Code,” he said.
Some 16 prosecution witnesses took the stand in the trial.