KUALA LUMPUR, Aug 30 (Bernama) -- The Sessions Court here today dismissed an application by National Feedlot Corporation (NFCorp) chairman Datuk Seri Mohamad Salleh Ismail, who is facing two counts of criminal breach of trust (CBT) involving RM49.7 million, to change his bailor and for the return of his passport.
Judge Norsharidah Awang made the decision after hearing the submission by lawyer Wan Shahrizal Wan Ladin, representing Mohamad Salleh, and deputy public prosecutor Awang Armadajaya Awang Mahmud.
The court also rejected Mohamad Salleh's application for the return of RM500,000, which had been posted as bail, and the amount to be substituted with land worth RM2.5 million as collateral.
In the application filed last Aug 28, Mohamed Salleh requested to change his bailor, Wan Shahinur Izmir, to his wife, Datuk Seri Shahrizat Abdul Jalil.
On March 12, 2012, Mohamad Salleh, 64, in the capacity of NFC's director was charged with CBT involving four cheques amounting to RM9,758,140 issued as part-payment for the purchase of two "One Menerung" condominium units at Parcel BI-1 and B1-2, Block B on grant number 65152, lot no.56454 in the Mukim of Kuala Lumpur.
He allegedly committed the offence between Dec 1 and 4 2009 at CIMB Islamic Bank Bhd, Jalan Burhanuddin Helmi Taman Tun Dr Ismail.
On the second count, he was alleged to have committed the offence at the same address and bank, between May 6 and Nov 16 2009, by transferring a RM40 million NFC cheque into the account of National Meat & Livestock Corporation Sdn Bhd, a company privately owned by Mohamed Salleh and his son.
The two charges were made under Section 409 of the Penal Code which provides for imprisonment between two to 20 years and whipping and possible fine upon conviction
Mohamad Salleh was also charged with using the company's fund without the approval of the company's annual general meeting to make the part-payment for the purchase of the condominium units.
The charge, under Section 132(2)(a) of the Companies Act 1965, carries an imprisonment of up to five years or fine of up to RM30,000.
Earlier, Wan Shahrizal, in her submission, said that the value of land proposed to be substituted for the bail money exceeded the bail amount set by the court, which was RM500,000.
She said Mohamad Salleh had no reason to flee from the country as his children were brought up in Malaysia and his wife is a Wanita Umno leader.
Meanwhile, Awang Armadajaya submitted that the value of the passport exceeded the value of money because it is a licence for Malaysian citizens to go abroad.
He said there was no exceptional reason for the application to be given special treatment.
The court then set Sept 24 to hear Mohamad Salleh's application to quash the charges against him.