NFCorp case to go for full trial at Sessions Court

Court of Appeal president Tan Sri Md Raus Sharif, leading a three-panel bench today ordered the case to go for full trial at the Sessions Court.

In dismissing Mohamad Salleh's appeal to strike out the two CBT charges, Md Raus said in this case, the trial had commenced at the Sessions Court and the prosecution had called its witness to testify.

Therefore, he said, the trial should continue.

"If the defence has a good defence based on documents supplied by the prosecution, they can make a representation to the Attorney-General's Chambers to reconsider to proceed with the charges or otherwise.

"We have no alternative. We dismiss the appeal and the order of the High Court is affirmed and we direct the trial at the court below (Sessions Court) to proceed," said Md Raus who heard the appeal with justices Datuk Abdul Aziz Abd Rahim and Datuk Lim Yee Lan.

Mohamad Salleh was appealing against the High Court's dismissal of his appeal over the Sessions Court's ruling which rejected his application to strike out the two charges.

Mohamad Salleh, 66, who is also a director of NFCorp, was charged with misappropriating RM9,758,140 by way of four cheques from NFCorp funds to partly finance the purchase of two condominium units at the One Menerung complex in Kuala Lumpur between Dec 1 and 4, 2009 at the CIMB Islamic Bank Bhd in Jalan Burhanuddin Helmi, Taman Tun Dr Ismail.

He was also charged with committing a similar offence by transferring RM40 million by way of a cheque, between May 6 and Nov 16, 2009, to the account of National Meat & Livestock Corporation Sdn Bhd which he and one of his children own.

The two charges, under Section 409 of the Penal Code, provide for a maximum jail term of 20 years and whipping, as well as a fine, upon conviction.

Mohamad Salleh also faces two other charges relating to using the company's funds without the approval of the company's annual general meeting to make the part-payment for the purchase of the condominium units.

The charges, under Section 132(2)(a) of the Companies Act 1965, carry an imprisonment of up to five years or a fine of up to RM30,000.

The previous trial at the Sessions Court also included these two charges.

In today's proceedings, when asked by Md Raus why the defence was not appealing against these two other charges, Mohamad Salleh's lawyer, Tan Sri Muhammad Shafee Abdullah replied that the two charges had no prospect and if the court allowed today's appeal to strike out the CBT charges, the other two charges could not stand.

Earlier, Muhammad Shafee submitted that the two CBT charges against his client were groundless and ought to be struck out by the court.

Before Deputy Public Prosecutor Syed Faisal Syed Amir countered Muhammad Shafee's argument, Md Raus asked Syed Faisal to submit whether the court could strike out the CBT charges without hearing evidence from witnesses.

Syed Faisal submitted that the court had no discretion to strike out the charges as they were accurate and rightly framed against the appellant (Mohamad Salleh).

He stressed as the trial of the case had started at the Sessions Court at the stage of examination-in chief of the prosecution witness, it should therefore, continue.

Mohamad Salleh was present in court, accompanied by wife, Datuk Seri Shahrizat Abdul Jalil.