KUALA LUMPUR: The High Court here yesterday upheld a lower court’s decision in acquitting and discharging a former lawyer, S Kanawagi, from 11 counts of criminal breach of trust, involving RM11.6 million in Linggui Valley Orang Asli trust fund.
Judge Datuk Azman Abdullah also upheld a decision by the lower court in acquitting and discharging Kanawagi’s son, K Dinesh Kanawaji, from a charge of abetting his father in approving the withdrawal of RM7 million from the trust fund for the purchase of condominiums in the interest of Virgin Properties, in which he served as a board member.
In dismissing the appeal by the prosecution, Azman said the Sessions Court judge had made a right decision on the withdrawal of RM2.2 million that it was not from the trust fund and failure of the prosecution to prove withdrawal of the money from the trust fund by Kanawagi and his son.
Azman also upheld the Sessions Court decision in acquitting Kanawagi and Dinesh of over 40 charges for money laundering, involving part of the RM11.6 million in the CBT case.
On the first charge, Kanawagi, was charged with dishonestly approving the withdrawal of RM7 million from the trust fund for the acquisition of 27 condominium units in Lantai Gurney, Jalan Semarak here between July 14, 2008 and July 13, 2009.
On the second and third charges, he was accused with making two telegraphic transfers in 2003 and 2004.
He also faced seven other charges of withdrawing money of between RM21,500 and RM1,158,160 from the trust fund between 2001 and 2008.
On the eleventh count, Kanawagi was charged with acting contrary to the terms of the trust-deed by withdrawing RM2.2 million from the trust fund to pay someone. The total money involved in this case was RM11,644,907.
He was alleged to have committed all the offences at his legal firm, Messrs Khana & Co at No 3, Jalan Abdullah, Off Jalan Bangsar here.
The court had also acquitted Kanawagi and Dinesh over 40 charges of money-laundering involving part of the amount of RM11.6 million in CBT case.
On Sept 4 last year, the Sessions Court had acquitted and discharged Kanawagi and Dinesh Kanavaji, also a former lawyer, on all charges at the end of the prosecution case without calling for their defence.
The prosecution was conducted by deputy public prosecutor Hidayatul Syuhadah Shamsudin, while Kanawagi and his son were represented by lawyer Amer Hamzah Arshad. — Bernama