Prosecution will prove Mohd Isa’s CBT caused losses to FICSB — DPP

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KUALA LUMPUR: The prosecution will prove that former Felda chairman Tan Sri Mohd Isa Abdul Samad had committed criminal breach of trust, causing losses to Felda Investment Corporation Sdn Bhd (FICSB), a wholly-owned subsidiary of Felda.

Deputy Public Prosecutor Afzainizam Abdul Aziz said the prosecution would submit evidence showing that the accused (Mohd Isa) was a FICSCB Company Director and a member of the FICSB Board and was entrusted with assets which was the FICSB company fund.

He said the prosecution would provide evidence showing that between September 2013 and October 2013 the accused had ordered Mohd Zaid Abdul Jalil, CEO of FICSB to look into the proposed purchase of Merdeka Palace Hotel & Suites (MPHS) in Kuching, Sarawak, from Syarikat Gegasan Abadi Properties Sdn Bhd.

He said the prosecution would show that the accused had been informed by Mohd Zaid that the RM160 million MPHS purchase proposal did not need approval from the board of Felda.

“The accused said that there was not need to present the RM160 million MPHS purchase proposal for approval by the Felda Board,” he said in reading the opening statement on the first day of the trial of Mohd Isa’s case before High Court Judge Mohd Nazlan Mohd Ghazali.

Afzainizam said the prosecution would present evidence showing that the accused’s conduct was contrary to the mandate set by the Felda Board of Directors at their board meeting on June 25, 2013 where the Board mandated that the FICSB Board could only make investment decisions involving projects worth RM100 million and below.

Afzainizam said the prosecution would prove that Mohd Zaid had presented the Board papers on MPHS’s proposed purchase at the 8th FICSB Board meeting on Feb 26, 29014, based on an assessment made by FICSB’s valuers at RM137,640,965.89.

“At the meeting of the FICSB Board of Directors, both the FICSB Director and the FICSB Board of Directors had decided not to proceed with the proposed purchase of the hotel as it is not viable and unprofitable,” he said.

He said the prosecution would submit evidence indicating that the decision made by FICSB Board in a meeting on Feb 26, 2014 to not proceed with the purchase proposal was informed by a letter dated Feb 28, 2014 to Ikhwan, Director of Syarikat Gegasan Abadi Properties Sdn Bhd.

“The prosecution will submit evidence showing that within two weeks after the announcement of the refusal to the company, the accused had ordered Mohd Zaid to re-present the proposed purchase of the hotel in another board meeting,” he said.

On Dec 14, 2018, Mohd Isa pleaded not guilty to one count of breach of trust, and nine counts of receiving bribes amounting to more than RM3 million.

He was charged with criminal breach of trust at Level 50, Menara Felda, Platinum Park, Persiaran KLCC on April 29, 2014, in accordance with Section 409 of the Penal Code, which provides for a maximum jail term of 20 years and whipping and a fine upon conviction.

Mohd Isa, 70, was charged with all offences of receiving bribes at Level 49, Menara Tower, between July 21, 2014 and Dec 11, 2015, under Section 16 (a) (A) of the Malaysian Anti-Corruption Commission Act, which is punishable under Section 24 (1) of the same act which provides for a maximum jail term of 20 years and a fine not less than five times the amount or value of the bribe or RM10,000 whichever is higher, if found guilty. — Bernama