Court rules DNAA not applicable in Maju Holdings director, wife’s CBT, money laundering case

KUALA LUMPUR, Sept 4 — The Sessions Court here has rejected an application for a discharge not amounting to an acquittal (DNAA) in the criminal breach of trust (CBT) and money laundering case involving Maju Holdings Sdn Bhd director Tan Sri Abu Sahid Mohamed and his wife.

The Star reported that the application was made by Abu Sahid’s lawyer, Datuk Jasbeer Singh, who argued that the prosecution had yet to hand over several key documents despite the case having been mentioned seven times since the accused was charged last year.

“It has been one year since my client was charged and there have been seven case mention proceedings for the prosecution to submit documents,” he told the court.

“The volume of documents is not important — what matters now is whether the evidential issue has been covered under Section 51A of the Criminal Procedure Code pertaining to delivery of documents,” he said.

Jasbeer argued that the charge should not have been brought while investigations were still incomplete.

Deputy Public Prosecutor Nidzuwan Abd Latif said the prosecution would provide five more volumes of documents, although some material was still pending.

He said the delay was due to the prosecution having to liaise with relevant authorities and agencies, adding that outstanding documents could still be supplied before trial to give the defence sufficient time to prepare.

Nidzuwan also told the court that the prosecution was ready for the High Court to fix a trial date.

Judge Suzana Hussin dismissed the DNAA application, ruling that such an order was not relevant in the case.

The court directed that the next mention be used to fix a trial date and instructed the prosecution to prepare a list of witnesses and submit any remaining documents required by then.

The next mention was fixed for November 20.

Abu Sahid claimed trial to 17 charges involving CBT and money laundering linked to the proposed MEX II Highway project on September 8 last year.

He faces four CBT charges involving RM313 million and 13 money laundering charges involving RM139 million, allegedly committed between May 2016 and October 2019.

The CBT charges are under Section 409 of the Penal Code, which carries up to 20 years’ imprisonment, whipping and a possible fine upon conviction.

The money laundering charges were brought under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries up to 15 years’ imprisonment and a fine of at least five times the proceeds from unlawful activity or RM5 million, whichever is higher, upon conviction.

MEX II is a proposed 18km highway linking Putrajaya to Kuala Lumpur International Airport (KLIA), with construction beginning in 2016 before the project was halted over financial problems.

Abu Sahid also faces seven additional charges of misusing property under Section 403 of the Penal Code involving RM145 million.

His wife, Puan Sri Noor Azrina Mohd Azmi, was separately charged on Sept 8 last year with receiving RM67.14 million in proceeds allegedly linked to unlawful activities into her bank account from an account belonging to Abu Sahid between March and November 2017.

She was charged under Section 4(1)(b) of the same Act and claimed trial.