Shamsubahrin fails to strike out cheating charges

Businessman Datuk Shamsubahrin Ismail failed to set aside and strike out five counts of cheating former National Feedlot Corporation (NFC) chairman Datuk Seri Dr Mohamad Salleh Ismail at the High Court here today.

High Court Judge Kamardin Hashim also rejected Shamsubahrin's application to set aside and strike out 17 counts of money laundering amounting to RM1.755 million he was facing.

Kamardin made the decision after listening to both the prosecution's and the defence's submissions in today's proceedings.

"There is no merit in this application. The Court hereby rejects the application and orders that the ongoing trial at the Sessions Court to proceed," he said.

Shamsubahrin filed the application to set aside and strike out all charges against him at the High Court on Sept 10.

In the application, Shamsubahrin said that he had no intention to pay any police officers involved in the NFC case as stated in the charge sheet.

Shamsubahrin is facing five counts of cheating Dr Mohamad Salleh of RM1.755 million purportedly for the police officers at the Commercial Crimes

Investigation Department, Bukit Perdana, to close the ongoing NFC case.

He is also facing 17 other charges under Section 4 of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 involving the same amount of money.

Earlier, his lawyer, Kamarul Hisham Kamaruddin, submitted that the High Court had the power and jurisdiction to set aside and strike out the charges against Shamsubahrin.

Malaysian Anti-Corruption Commission's head of prosecution unit, Datuk Abdul Razak Musa, on the other hand, submitted that the application procedure was inaccurate and was an abuse of the court's process.

He said there was no provision of law that enable the Sessions Court or the High Court to strike out the charges before all evidence were submitted.

"The judge has no power to strike out the charges or to order the prosecution to withdraw the charges.

"In fact, the judge, in certain circumstances, cannot order the prosecution to close the case," he said.

Ten witnesses had been called so far to testify in the trial, which began on Sept 10, at the Sessions Court.

The trial continues on Nov 5.