KOTA KINABALU: A warrant of arrest was issued against a businesswoman by the Sessions Court here yesterday after she failed to attend the court hearing on charges under the Banking and Finance Institutions Act of 1989 (BAFIA).
Sessions Court judge Azreena Aziz ordered the arrest of Datuk Noor Ismahanum Mohd Ismail on the request of the prosecution.
The court also ordered the forfeiture of RM50,000 bail posted by Noor Ismahanum, and fixed October 20 this year for review of the arrest warrant.
Noor Ismahanum, 32, who is a director of Worldwide Far East Sdn Bhd, her younger brother, Mohamad Ismahanif, 25, and manager, Yong Thain Vun, 25, were jointly charged under the BAFIA.
Noor Ismahanum was charged with receiving deposits from the public amounting up to RM3.88 million without a valid license as required under subsection 6 (4) of the BAFIA, allegedly through fraud involving gold transactions.
She was alleged to have committed the offences between December 6 and 28, 2010 to April 2012 at Wisma Fook Loi, at 38 Jalan Gaya, and at the Marina Court Resort Condominiums, Jalan Tun Fuad Stephens.
She was charged under Section 25 (1) of the BAFIA (Act 372), read together with Section 106 (1) and punishable under Section 103 (a) of the same Act, which provides for a fine not exceeding RM10 million or a prison term of up to 10 years, or both, upon conviction.
Yong was charged with being an accomplice to Noor Ismahanum for receiving deposits from members of the public through gold transactions.
The charge against him, framed under Section 112 (c) of the BAFIA (Act 372) read with Section 25 (1) and punishable under Section 103 (1) (a) of the same Act, provides for a fine of up to RM10 million or a prison term of up to 10 years, or both, upon conviction.
The company, which was represented by Noor Ismahanum, was also charged with accepting deposits from the public without a valid license from December 28, 2010 until April 23, 2012 at Wisma Fook Loi, Jalan Gaya, here.
The charge, framed under Section 25 (1) of the BAFIA (Act 372) and punishable under Section 103 (1) (a) of the same Act, read under serial number 20 of the fourth Schedule, provides for a fine not exceeding RM10 million.
Noor Ismahanum and Mohamad Ismahanif were charged at the Sessions Court in Kuala Lumber on 116 similar charges involving a total of RM6.85 million.
All their cases were transferred to the Kota Kinabalu Court on March 27, this year for a consolidated trial.
Noor Ismahanum and the company were charged with using RM3,281,202.63 from their alleged illegal activities through the issuance of 57 cheques from the CIMB Bank accounts belonging to the company.
Meanwhile, Mohamad Ismahanif was also charged with possession of a Honda Civic and funds totaling RM295,883.48 through alleged illegal activities.
They were alleged to have committed the offences framed under Subsection 4 (1) (a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 at the CIMB Bank in Jalan Radin Tengah, Bandar Baru Sri Petaling, Kuala Lumpur, between July 4, 2011 and December 31, 2012.
At yesterday’s hearing, prosecuting officer Fahmi Abd Moin from Bank Negara Malaysia (BNM) told the court that only Mohamad Ismahanif and Yong were present in court.
Mohamad Ismahanif informed the court that his sister would be arriving from Kuala Lumpur around 8pm on Monday night at the Kota Kinabalu International Airport (KKIA).
Fahmi, however, said that the investigating officers and police officers had waited at the KKIA but the accused did not arrive. He (Fahmi) added that the flight passenger manifest was checked but Noor Ismahanum’s name was not on it.
Noor Ismahanum’s bailor, who was present during the court proceedings, informed the court that he wanted to withdraw from being a surety for her. The court, however, forfeited the RM50,000 bail bond in view of the bailor’s failure to secure Noor Ismahanum’s attendance in court for the hearing.