KUALA LUMPUR: The prosecution in the case of a businessman, Datuk Shamsubahrin Ismail, charged with cheating former National Feedlot Corporation Sdn Bhd (NFCorp) director Datuk Seri Dr Mohamad Salleh Ismail closed its case today after calling 44 witnesses.
Sessions Court judge Rozilah Salleh then ordered the two parties to file their written submissions and set Sept 9 and 10 for them to clarify their submissions.
Earlier, Malaysian Anti-Corruption Commission (MACC) assistant superintendent, Nurul Izwan Komel, told the court that Shamsubahrin and a younger sister went to the MACC office in Putrajaya to hand over a handphone belonging to Shamsubahrin, 46, on March 7, 2012.
“The handphone was then sent to the forensic division to be analysed. From my observation, there was no message or SMS (short messaging service) which clearly ordered Shamsubahrin to pay the bribe money to the police to cover the NFCorp case.
“However, after investigation on the SMS was completed, I recommended that Shamsubahrin be charged under Section 27 of the MACC Act 2009 for giving false information,” said the 44th witness during examination in chief by MACC prosecution unit chief Datuk Abdul Razak Musa.
Earlier during the proceeding, offered amended charges and after they were read, Shamsubahrin pleaded not guilty to five of the amended cheating charges, involving RM1.755 million.
For the first amended charge, Shamsubahrin is alleged to have cheated Mohamad Salleh by intentionally promising him a consultancy service, which was not true, prompting Mohamad Salleh to agree to pay for the service.
The offence was allegedly committed at Restoran Sid’s Pub at H2, Taman Tunku, Off Langkat Tunku here at 6pm on Nov 20 last year.
The charge, under Section 415 of the Penal Code, carries a maximum imprisonment for five years or fine or both, upon conviction.
On the amended second to the fifth charge, Shamsubahrin was alleged to have cheated Mohamad Salleh by deceiving him into handing over four cheques for RM1.755 million, part of which was payment for the consultancy service and also to be given to a police officer at the Commercial Crime Investigation Department, Bukit Perdana, to cover the case involving NFCorp which the police were then investigating.
He was charged with committing the offence at a several banks in Taman Tun Dr Ismail, Kuala Lumpur City Centre (KLCC) and Petaling Jaya between Nov 25 and Dec 5, 2011.
For the offence, Shamsubahrin was charged under Section 420 of the Penal Code, which carries a maximum imprisonment for 10 years, fine and whipping, if found guilty.
Shamsubahrin also faced 17 charges for money laundering, involving RM1.755 million, under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, which carries imprisonment of up to five years or fine of RM5 million or both, if found guilty. — Bernama