PUTRAJAYA: Former Sime Bank chief executive Datuk Ismail Zakaria has withdrawn an appeal against his sentence over four charges relating to the issuing of credit facilities amounting to RM175mil.
His counsel Kitson Foong told the Court of Appeal’s three-man panel that he had received instructions from his client’s family to withdraw the appeal.
Ismail’s family is not able to obtain any instructions from him on the matter.
“He is unable to give instructions because of mental incapacity. He is suffering from a serious stroke and the family has asked that the appeal be withdrawn,” he said.
Following this, Justice Zakaria Sam who chaired the panel, said: “The sentence is upheld. We dismiss the appeal”.
The others on the panel were Justices Ahmadi Asnawi and Abdul Karim Abdul Jalil.
When Ismail filed his appeal, the prosecution had put in a cross appeal.
The former CEO, who was wheelchair-bound, and his family members were present in court yesterday. He suffered the stroke in March 2015.
Met outside the courtroom, DPP Samihah Razali said the prosecution withdrew its cross appeal on humanitarian grounds.
Ismail was charged in 1999 and acquitted in September 2011.
But after an appeal by the prosecution, the acquittal was overturned on Aug 19, last year, and he was fined RM600,000 by the High Court.
It found him guilty of criminal breach of trust involving the approval of credit facilities to Everise Capital Sdn Bhd, between Sept 20 and Oct 21, 1997, in his office at Sime Bank in Jalan Sultan Ismail.