KUALA LUMPUR: It was a happy moment for former National Union of Bank Employees (NUBE) secretary-general when he was freed by a High Court over criminal breach of trust of union's funds worth RM8.85mil.
K.Shanmugam, 66, was all smiles upon hearing the court verdict.
"My conviction (by the Sessions Court) has affected my family life and career.
"It gave an impression that I have swindled union's money," he said on Wednesday.
Shanmugam said it has caused him some difficulty to get a proper job to earn his living.
"I ended up selling flower pots, fertilizers and books at schools. I survived because of the supports of the school headmasters from all over the country. I am thankful to them," said the father of four.
Shanmugam, who was accompanied by his wife, said he had worked as a bank clerk for 25 years.
High Court judge Justice Amelia Tee Hong Geok Abdullah held that his conviction for CBT charge was unsafe and allowed his appeal.
Justice Amelia ruled that the records of appeal has failed to show over the unions fund amounting to RM8.85mil.
His lead counsel G.Subramaniam Nair said his client was convicted by the Sessions Court after he had given a sworn evidence.
Shanmugam, who was charged in the Sessions Court on Dec 8, 2005, was jailed 10 years and fined RM20,000 for the CBT charge.
Sessions Court judge Azizah Mahamud (correct) had on Feb 23, 2011 ruled that the defence had failed to raise any doubts on the prosecution’s case.
Subramaniam said the prosecution has called nine witnesses to give evidence in their case while three defence witnesses had testified under oath.
Shanmugam had claimed trial to CBT of union funds worth RM8.85mil by purchasing shares on a contra basis in violation of a NUBE resolution dated Oct 21, 1994.
He was accused of committing the offence while holding the position of NUBE investment committee member at the union’s office in Jalan Tunku Abdul Rahman between Jan 1,1996 and Dec 31,1996.
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