KUALA LUMPUR: FashionValet founders Datuk Fadzarudin Shah Anuar and Datin Vivy Yusof have claimed trial at the Sessions Court here to a charge of criminal breach of trust (CBT) involving RM8mil.
Vivy, whose full name is Vivy Sofinas Yusof, 37, and her husband Fadzarudin, 36, pleaded not guilty after the charge was read to them before Judge Rosli Ahmad on Thursday (Dec 5).
The couple is accused, in their capacity as company directors, of dishonestly making a payment of RM8mil from FashionValet Sdn Bhd to 30 Maple Sdn Bhd without the approval of FashionValet's board of directors.
According to the charge sheet, Vivy and Fadzarudin were entrusted with the monies, which were investment funds from Khazanah Nasional Bhd and Permodalan Nasional Bhd.
The offence was allegedly committed at a Public Bank branch in Bukit Damansara on Aug 21, 2018.
They were jointly charged under Section 409 of the Penal Code, read together with Section 34 of the same Code.
If convicted, Vivy and Fadzarudin face imprisonment of between two and 20 years, whipping, and a fine.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin offered bail between RM100,000 and RM200,000 each.
He said the amount offered was reasonable due to the severity of the offence.
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"The prosecution has the right to request additional conditions for bail.
In this case, we sought for the accused persons to report themselves at the Malaysian Anti-Corruption Commission (MACC) headquarters in Putrajaya.
We also sought for their passports to be surrendered to the court as there is a flight risk and we need to ensure justice for all parties involved.
"They can make applications to retrieve their passports at any time and on reasonable grounds," he said.
Lawyer Ashok Athimulan, representing the couple, argued that the bail amount was too high and almost punitive.
"The presumption is that they are innocent until proven guilty," he said.
Ashok further stated that his clients were not a flight risk and had cooperated during the investigation without evading authorities.
"They have four children. They live in Kuala Lumpur and their family is also here.
"They have claimed trial and are looking forward to clearing their names," he said.
The lawyer also mentioned that Vivy and Fadzarudin were facing financial hardship and had to depend on their friends and family financially.
Judge Rosli fixed bail at RM100,000 in one surety for each of the accused.
He allowed the additional conditions requested by the prosecution and ordered the accused not to disturb or influence the witnesses.
The case is set for mention on Jan 22 next year.
