Datuk Abul Hasan Mohamed Rashid was charged and sentenced to six years’ jail by a Kuala Lumpur Sessions Court in 2011 despite the offence being committed in Johor Baru.
Abul Hasan, 77, was the former director of Multicode Electronics Industries (M) Berhad at the time when he was said to have committed the offence.
The preliminary issue he raised in his appeal was on the “territorial jurisdiction” of the court as his trial should have taken place in Johor Baru, not in Kuala Lumpur.
Judicial Commissioner Aslam Zainuddin, in his ruling, said the Courts (Subordinate Courts) Order 1955 clearly stated that the local limits of jurisdiction for the Sessions Court in Peninsular Malaysia was state-wise.
“For example, the Sessions Court in Johor falls under the territorial boundaries of the Johor state,” the judge said yesterday.
JC Aslam said the prosecution had argued that the Kuala Lumpur Sessions Court should have the same territorial jurisdiction as the High Courts.
“In my opinion, this argument is flawed as the 1955 Order has already spelled out the territorial jurisdiction of the Sessions Courts in Selangor, which included Kuala Lumpur,” he said.
“Hence, I declare the proceedings in the KL Sessions Court a nullity and quash the conviction and sentence,” said JC Aslam.
The court did not make an order for a retrial as the matter fell within the purview of the public prosecutor.
“The public prosecutor, in his wisdom, will decide based on the law and public interest, as well as the fact that this case culminated in 2007,” JC Aslam ruled.
Abul Hasan was first charged in Kuala Lumpur on March 13, 2009.
According to the charge sheet, he was said to have committed CBT amounting to RM26,045,473.94 of the company’s funds at its office in Menara Pelangi, No 2, Jalan Kuning, Taman Pelangi, Johor Baru, between March 23 and March 28, 2007.
On Sept 22, 2011, the Kuala Lumpur Sessions Court convicted Abul Hasan under Section 409 of the Penal Code.
He filed a notice of appeal in the same year and was granted a stay of execution on the jail term.
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