Ayub (right) with his counsel after the proceedings
KOTA KINABALU: The Sessions Court here yesterday freed a businessman from six criminal breach of trust (CBT) charges involving more than RM450,000.
Judge Ummu Kalthom Abd Samad discharged and acquitted Ayub Awang Damit, 47, after finding him not guilty on all the charges against him.
It was held that the defence had managed to raise a reasonable doubt on the prosecution’s case, thus the prosecution had failed to establish beyond a reasonable doubt the charges against the accused.
In the first two charges, Ayub was accused of the offence allegedly committed on Aug 19, 2011 and Aug 22, 2011 respectively at the premises of Pioneer Glow Sdn Bhd in Penampang.
He was accused of committing the offences in his capacity as an administrator of a company who was entrusted with 75 metric tons of fertiliser.
In the next four charges, he was accused of CBT involving fertilisers worth RM36,000, RM43,200, RM66,528, and RM100,800, respectively, committed between Nov 21, 2011 and Dec 31, 2011.
The charges came under Section 408 of the Penal Code which carries a jail term of up to 14 years and whipping, and also liable to a fine upon conviction.
The prosecution had called a total of eight witnesses while the defence had two witnesses, including Ayub, during trial. The case was first brought to court on Sept 27, 2012.
Deputy public prosecutor Ahmad Nazneen Zulkifli acted for the prosecution while counsel PJ Perira represented the accused.