Judge unhappy with pace of appeal hearing


KUALA LUMPUR: A High Court judge has expressed her frustration over an adjournment in the appeal hearing involving former Youth and Sports Ministry finance division secretary Otman Arsahd, who was convicted and sentenced to 15 years in jail and fined RM284.2mil for graft.

Justice Noor Ruwena Md Nurdin allowed Otman’s application to adjourn the hearing to September, but not before making her disappointment known.

Otman’s lawyer Muhammad Rafique Rashid Ali earlier informed the court that the parties had only recently received the exhibits, 4,000-page proceedings notes, and the full grounds of judgment on June 4.

“I seek for the proceedings, which were initially scheduled for today, to be fixed for a later date in September.

“We have also sent two letters of application to postpone dated June 14 and June 19,” Muhammad Rafique said.

Justice Noor Ruwena reminded parties that there would be no more delays to the hearing as the trial dates had been previously agreed on by all.

“I am a bit upset as we have fixed the dates for hearing. At the same time, I do not want the court to be seen as not concerned with the troubles and challenges faced by parties.

“This is a 2023 case, which is a long time for the appeal to be heard. Since this is the first adjournment, I will allow it, but I hope there will be no more requests to delay because I will not entertain that. This is a special court to hear graft cases, and I hope parties will give priority,” she said yesterday.

Justice Noor Ruwena then set the hearing dates for June 22, June 23 and June 25, to be replaced with Sept 21, Sept 22 and Sept 23.

“I believe with cooperation by parties, the case can be concluded this year,” she added.

Deputy public prosecutors Farah Yasmin Salleh, Haresh Prakash Somiah and Mohd Ashrof Adrin Kamarul appeared for the prosecution.

On July 6, 2023, the Sessions Court found Otman guilty of 32 charges of corruption and 64 charges of money laundering.

He was sentenced to 15 years’ jail and fined RM284.2mil.

On the 32 charges of corruption, 17 counts were for submitting false claims, for which Otman was sentenced to a total of 243 years in jail and a fine totalling RM190mil, in default 119 months in jail; while for the 15 charges, which were for misusing his position, he was sentenced to 85 years’ imprisonment and fined RM10.8mil, in default 125 months in jail.

Meanwhile, for the 64 money-laundering charges involving receiving proceeds from unlawful activities, the court ordered Otman to be jailed for between three months and 11 years on each count and fined a total of RM83.4mil, in default 934 months’ jail.

The court ordered the prison sentences to be served concurrently. Otman was also allowed a stay of execution pending appeal.

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