KUALA LUMPUR: Two former Tabung Haji senior general managers will have to make their defence against charges of criminal breach of trust and cheating involving a total of RM200mil.
Sessions judge Akhtar Tahir made the order against Datuk Mohd Amin Sidek, 54, and Datuk Mohamad Shafie, 55, after ruling that the prosecution had made a prima facie case.
Amin was the board’s former finance department senior general manager, and Mohamad the investment department senior general manager.
In explaining his decision, Akhtar said the prosecution had proven all the ingredients required under Section 409 of the Penal Code for criminal breach of trust.
As for the cheating offences, Akhtar said the prosecution had also shown that the two had withheld material facts from the board of directors that part of two investments made was to be traded on the foreign exchange market.
If it was disclosed, the judge added, two former ministers in the Prime Minister's Department, who chaired the board meetings at the time of the alleged offences, would not have given their approvals.
“The prosecution had shown that both accused had concealed the word “forex” (foreign exchange) from the board of directors because if they had known about it, they would not have approved the investment proposals,” he said.
Amin and Mohamad face charges of committing criminal breach of trust involving RM150mil and RM50mil, respectively.
Akhtar ordered bail to be extended and fixed trial for Nov 22 to 25.