PETALING JAYA: The founder of the e-commerce platform FashionValet, Datin Vivy Yusof, and her husband, Datuk Fadzarudin Shah Anuar, who are facing charges of criminal breach of trust involving RM8mil of investment funds from Khazanah Nasional Berhad (Khazanah) and Permodalan Nasional Berhad (PNB), applied for temporary release of their passports at the Sessions Court here on Tuesday.
Vivy, whose full name is Vivy Sofinas Yusof, 37, and Fadzarudin, 36, made the application to perform the Umrah pilgrimage on Jan 5, next year and are expected to return to Malaysia on Jan 14.
During the proceedings, their lawyer, Ashok Athimulan, said that the couple plans to depart for Saudi Arabia this Sunday (Jan 5) and hopes to receive the travel documents promptly.
"The absence of their passports would complicate travel ticket bookings, and I believe the prosecution, as the respondent, has no objections to this application.
"My clients will return the passports to the court the day after their return," he said, reported by Sinar Harian.
Meanwhile, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin confirmed that there were no objections to the matter.
He proposed that the passports be returned to the court before case mention, which is set for Jan 22, next year.
"However, I leave this matter to the court's discretion.
"For the record, the prosecution would like to know whether the plan to perform the Umrah was made before or after the charges were filed," he inquired.
In response, Fadzarudin clarified that the plan was made after the charges were brought against them.
After hearing arguments from both parties, Judge Rosli Ahmad granted the application and ordered the documents to be returned to the court on Jan 15.
According to the charge, the couple, acting as agents and directors of FashionValet Sdn Bhd, were entrusted with investment funds from Khazanah and PNB. They are accused of committing a criminal breach of trust by transferring RM8mil from the company’s bank account to 30 Maple Sdn Bhd without the approval of its Board of Directors.
The offence was allegedly committed at Public Bank Berhad, Bukit Damansara branch, Bukit Damansara, on August 21, 2018.
The charge was filed under Section 409 of the Penal Code, read together with Section 34 of the same code, which carries a penalty of imprisonment between two and 20 years, whipping, and a fine, upon conviction.
