KUALA LUMPUR: Two senior military officers have claimed trial at the Sessions Court here to charges of criminal breach of trust (CBT) and misappropriation of property amounting to almost RM1mil four years ago.
Academy director Lt Col Azman Mohamed Yasin, 57 and former academy commander Brig Gen (R) Mohd Adkaa Solahuddin, 63 from the Akademi Latihan Ketenteraan Universiti Pertahanan Nasional Malaysia (UPNM) were charged separately at the same court here on Monday (Nov 23).
They pleaded not guilty after the charges were read out before Sessions Court judge Mahyon Talib.
They allegedly committed CBT by approving two payments of RM500,000 and RM420,000 belonging to the academy’s welfare fund for the purpose of investment through an unregistered financial institution.
The offences were allegedly committed at the academy at UPNM, Kem Perdana Sungai Besi between Aug 3 and Sept 23,2016.
The charge under Section 409 of the Penal Code provides an imprisonment for up to 20 years, with whipping, and is also liable to a fine upon conviction.
They also faced an alternative charge each of allegedly misappropriating the same amount of monies at the same place and time.
The charge under Section 403 of the Penal Code carries a maximum five years in jail, whipping and fine upon conviction.
Deputy Public Prosecutor Nur Shafini Mustafha offered bail at RM100,000 in one surety for all charges faced by each of the accused.
She asked the court to impose additional conditions to the accused persons; namely for the accused to surrender their passport to the court as well as report themselves to the nearest Malaysian Anti-Corruption Commission (MACC) office monthly.
Lawyer Mohd Amir Aizat Abdul Rani, who represented Azman, said his client was still serving in the military and has no other source of income.
“He has four children including three who are still schooling. His wife is a primary school teacher, ” Amir said.
Amir asked the court not to impose an excessive amount of bail on grounds that the purpose of bail was only to secure attendance in court.
“I ask for a bail between RM15,000 to RM20,000. His passport is still with the MACC, ” he said.
In response, Adkaa's lawyer Nur Asyikin Zakaria asked for the bail to be allowed to be paid in stages before or on Dec 7 as her client could only afford RM15,000 at the moment.
She said her client’s livelihood was dependent on his pension.
“My client has a heart condition and is currently seeking treatment from the National Heart Institute (IJN), ” she said.
The court allowed bail at RM80,000 in one surety for each of the accused and imposed the additional conditions sought by the prosecution.
The court also allowed Adkaa’s application to pay the balance of his bail before or on Dec 7 and set Dec 22 for mention of the cases.
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