Charges against Mohamad Salleh withdrawn due to lack of evidence, says AG

The Attorney-General's Chambers had to withdraw charges against National Feedlot Corporation Sdn Bhd (NFCorp) executive chairman Datuk Seri Dr Mohamad Salleh Ismail on criminal breach of trust (CBT) charges involving RM49.7 million due to lack of strong evidence, said Attorney-General Tan Sri Mohamed Apandi Ali.

He said the chambers had also considered a representation made by Mohamad Salleh's lawyer to drop the charges against him.

"We also considered the representation by his lawyer and after reviewing the representation, it was justified" he told the media when asked on the acquittal of Mohamad Salleh.

He was speaking to reporters after launching a book entitled "Criminal Litigation Process" here by lawyer and lecturer Datuk Baljit Singh Sidhu.

He also stressed that the prosecution had used 90 percent evidence as a benchmark before an accused person be charged in court.

"If already charged, if the case is reviewed, there is not enough evidence, the charge will be withdrawn," he said.

He said he followed the 90 percent evidence threshold as practiced by his former boss (AG) Tan Sri Abu Talib Othman.

Mohamed Apandi was with the A-G's Chambers during Abu Talib's tenure as the AG from 1980 to 1993.

On Nov 24, Mohamad Salleh was discharged and acquitted by the Sessions Court on two CBT charges and two charges relating to misuse of company funds.

Sessions Court Judge Norsharidah Awang made the decision after granting the application by counsel Tan Sri Muhammad Shafee Abdullah for Mohamad Salleh to be given a full acquittal and not discharged not amounting to acquittal.

On March 12, 2012, Mohamad Salleh, 66, who is also NFCorp director claimed trial to misappropriating RM9,758,140 through four NFCorp cheques to fund part of the purchase of two condominiums at One Menerung complex in Kuala Lumpur.

Mohamad Salleh was accused of committing the offences at CIMB Islamic Bank Bhd in Jalan Burhanuddin Helmi, Taman Tun Dr Ismail, between Dec 1 and Dec 4, 2009.

He also claimed trial to transferring RM40 million through an NFCorp cheque into the account of National Meat & Livestock Corporation Sdn Bhd, a company which he and one of his children owned, between May 6 and Nov 16, 2009.

He further pleaded not guilty to two counts of using company funds without obtaining prior approval at NFCorp's annual general meeting, to fund part of the purchase of the condominiums.

The trial commenced on June 23, 2014 with the prosecution calling its first witness. However, it was adjourned after the counsel submitted a letter of representation to the AGC for the charges to be withdrawn.

On Aug 28, the Court of Appeal dismissed Mohamad Salleh's appeal against the High Court and Sessions Court's decisions to reject his application for the charges to be dropped, and ordered the case to recommence at the Sessions court.