Appeal against acquittal of ex-CEO struck out

KUALA LUMPUR: The High Court has struck out an appeal against the acquittal of former Sime Bank chief executive officer Datuk Ismail Zakaria over control of credit limit and criminal breach of trust (CBT) charges involving RM175mil due to non-attendance of a prosecutor.

Justice Mohd Azman Husin struck out the appeal upon hearing an application by Ismail’s counsel Kitson Foong. Foong applied to the judge to discharge and acquit Ismail, 73, on grounds that the prosecutor from Bank Negara appeared to have no interest in their appeal against his client’s acquittal.

“The prosecutor had failed to turn up in court for the hearing of their appeal. No one has shown up for the appeal since its case management,” he said.

“The petition of appeal has not been served on us since Bank Negara filed the appeal in mid-2011.”

Ismail told the media he had lost a banking career after he was charged in court.

“I was asked to resign as CEO after I was charged in court. I did not work after that as the people did not trust me anymore.

“I was charged with CBT, which is a serious offence. They said that I cheat people,” he said.

He said he had gone through humiliation and embarrassment due to the charges slapped on him.

“I feel relief and grateful to God for the court’s order today,” the father of five said.

On Sept 12, 2011, Ismail was acquitted by the Sessions Court of four charges of acting outside the scope of any terms and conditions as the CEO in approving credit facilities totalling RM175mil to an investment company.

Ismail, who was charged in court in 1999, was also freed from four alternative charges of committing CBT over the same fund.

Sessions Court judge Khadijah Idris ruled that evidence showed Ismail had approved the credit facilities based on the authority accorded by the bank’s board of directors.

Ismail was charged with approving the credit facilities to Everise Capital Sdn Bhd between Sept 20 and Oct 21 in 1997 in his office at the Sime Bank building in Jalan Sultan Ismail here.