PUTRAJAYA: An appeal by National Feedlot Corporation (NFCorp) executive chairman Datuk Seri Dr Mohamad Salleh Ismail to strike out two CBT charges has been dismissed by the Court of Appeal.
On Friday, Court of Appeal president Justice Md Raus Sharif, who chaired the three-man panel, dismissed the appeal on the grounds that the trial has resumed in the Sessions Court.
Justice Md Raus said the prosecution has called witnesses and therefore the trial has to continue.
"We dismiss the appeal and direct the court below to proceed," he said.
The three-man panel included Justices Abdul Aziz Abdul Rahim and Lim Yee Lan.
On Feb 26, the High Court dismissed Dr Mohamad Salleh's appeal to strike out CBT charges.
Justice Mohd Azman Husin ruled the charges were in order and in no way defective, and that there were issues that ought to be heard in a trial.
He ordered that the case return to the Sessions Court to be heard in full.
On March 12, 2012, Dr Mohamad Salleh, in his capacity as NFCorp director, was charged with CBT amounting to RM9.7mil to fund part purchase of two units of condominium here and transferring RM40mil into the account of National Meat & Livestock Corporation, which he owns with one of his sons.
He is said to have committed the first offence at the CIMB Islamic Bank branch in Taman Tun Dr Ismail here between Dec 1 and Dec 4, 2009 and the second offence between May 6 and Nov 16, 2009.
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