Court upholds acquittal of Tourism D-G

Grateful over verdict: Mirza (left) and Rosly outside the courtroom after the hearing.

KUALA LUMPUR: The High Court has upheld the acquittal of Tourism Malaysia director-general Datuk Mirza Mohammad Taiyab Beg over a charge of criminal breach of trust (CBT) involving RM888,000.

The court also maintained the acquittal of former Pembangunan Perlancongan Nasional Sdn Bhd (Pempena) chief operations officer Mohammad Rosly Md Selamat over the same CBT charge.

Justice Amelia Tee Hong Geok Abdullah said the Public Prosecutor failed to prove that the trial judge had erred in acquitting both men without calling for their defence on the charge of committing CBT on Feb 27, 2007, by approving the payment of RM888,000 to LCL Interiors.

She said there was no disposal of property, dishonest or otherwise, flowing from that approval and as such it could not be an offence.

Justice Tee added that the RM888,000 was only remitted on March 5, 2007 and using a different remittance application form which did not bear the signatures of both men but the signatures of two bank officers.

She said the defence had raised a reasonable doubt in the prosecution’s case.

“Doubts arose as to whether the respondents had knowledge that they were approving payment to Awana Dubai (a restaurant project in Dubai for which pre-conditions for investment had not been complied with) or whether the documents that were laid before them had suggested that the payment was for the Hyderabad investment (another restaurant project in Hyderabad),” Justice Tee said in dismissing the prosecution’s appeal against their acquittal.

On May 17, 2012, the Sessions Court acquitted both men of approving payment of RM888,000 in Pempena funds entrusted to them in their capacity as director and COO respectively to foreign company LCL Interior LLC Dubai to build a restaurant in Dubai, although the project did not fulfil the conditions.

On hearing Justice Tee’s decision, the two men, who were seated near the dock, sighed with relief. Family members and tourism personnel who packed the public gallery cheered and rushed to shake hands with Mirza and Rosly and hug them.

Speaking to reporters later, Mirza, 57, expressed relief that the “long-standing issue” was over.

“They (Tourism Malaysia) took me back (after his acquittal). This will encourage me to do more for tourism.

“I thank them for their continuous support,” said Mirza, who especially thanked his lawyer Tan Sri Abdul Aziz Abdul Rahman on working for his release.

Rosly, 61, who is now retired, said he was grateful the matter was over.

“I can sleep well tonight. This case has dragged on,” he said.

Rosly was accompanied by his lawyers G. Ragumaren and Rejinder Singh.