KUALA LUMPUR: The High Court here yesterday acquitted and discharged former National Union of Banking Employees (Nube) secretary-general K Shanmugam from a charge of committing criminal breach of trust (CBT) involving RM8.85 million which belonged to the union.
Judge Amelia Tee Hong Geok Abdullah in acquitting him also set aside a 10-year jail sentence and fine of RM20,000 handed to him by the Sessions Court, which had found him guilty on the charge, after allowing his appeal.
In her judgement, Amelia said it was not safe to convict the accused on the charge.
Speaking to reporters later, Shanmugam, 66, said the conviction and sentence had disrupted his life.
On Feb 23, 2011, Sessions Court judge Azizah Mahamud sentenced him to 10 years jail and a RM20,000 fine or six months jail in default after finding him guilty.
According to the charge, Shanmugam, as an agent of Nube had committed CBT involving 100,000 units of Kuantan Flour Mill shares worth RM8.85 million which had been entrusted to him by the union.
He was alleged to have committed the offence at Room 501 of the Nube Building in Jalan Tuanku Abdul Rahman here on Oct 24, 1996.
He was charged under Section 409 of the Penal Code which provides for jail up to 20 years and whipping, and also can be fined, if convicted.
The prosecution was represented by Deputy Public Prosecutor Sulaiman Kho Kheng Fuei while counsel G Subramaniam Nair acted for Shanmugam. —Bernama