KUALA LUMPUR: The Sessions Court here acquitted and discharged a former chairman of the Malaysia Crime Prevention Foundation, Kuala Lumpur chapter (MCPF KL) and a crime prevention speaker of criminal breach of trust (CBT) and abetment involving RM195,000 of the foundation’s funds.
Judge Datin Sabariah Othman made the ruling after finding that the prosecution had failed to prove a prima facie case against Bok Siew Mun and Saiful Hamiruzzaman Mohd Hazir at the end of their case.
"The prosecution proved only one element in relation to breach of trust, where the first accused (Bok) is an agent (former MCPF chairman), while the other three main elements were not proven, in terms of the first accused having control of the RM195,000.
"The prosecution also failed to prove that the first accused had fraudulent intent to commit a breach of trust when approving the withdrawal of the money because the entire process was done during the MCPF KL committee meeting," said the judge.
Sabariah said the prosecution had also failed to prove the element of abetment as to whether the second accused (Saiful Hamiruzzaman) had joint intention to aid or conspire with the first accused in committing the alleged CBT.
"In addition, there were contradictory testimonies by several prosecution witnesses. Thus, the court finds that the prosecution's case is weak and failed to be proven.
"Therefore, the prosecution failed to prove a prima facie case and the court hereby acquits and discharges the two accused of the charges," said the judge.
The prosecution was handled by Deputy Public Prosecutor Lim Chooi Yi, while lawyer Fahmi Abd Moin represented both the accused.
The trial started on Oct 28, 2022, and the prosecution closed its case last July 12 after calling 13 witnesses.
Bok, as the chairman of MCPF KL, who was entrusted with the control of the foundation's funds, was charged with criminal breach of trust by ordering payments of RM195,000 by cheques to Trio Green Hornet Sdn Bhd at Maybank Berhad, Bandar Sri Permaisuri Branch here from Feb 26 to May 31, 2019.
The charge was framed under Section 409 of the Penal Code which provides for an imprisonment of not less than two years and a maximum of 20 years as well as subject to whipping and a fine, upon conviction.
Saiful Hamiruzzaman was charged with abetting Bok to commit the offence by submitting invoices belonging to Trio Green Hornet and signing the foundation’s payment vouchers at the same place and date.
He was charged under Section 409 of the Penal Code.- Bernama