Published: Wednesday August 12, 2009 MYT 12:33:00 PM
Updated: Wednesday August 12, 2009 MYT 4:15:27 PM
Kasitah acquitted of corruption charges (Update)
By M. MAGESWARI
KUALA LUMPUR: Former Land and Co-operative Development Minister Tan Sri Kasitah Gaddam was acquitted by the High Court here of charges of corrupt practice and cheating in 1996.
Kasitah, 62, who was then the first Cabinet member ever to be charged with such crimes, was calm upon hearing the court verdict Wednesday.
Upon his acquittal, Kasitah said he was relieved and happy, adding that it (the acquittal) was a “pleasant surprise.”
“I want to see my mother in Ranau and spend few days with her. Then, I want to perform umrah (pilgrimage) with my family and close friends.
“Upon my return, I will think on how to reorganise my life,” the suspended Ranau Umno division deputy chief said with a broad smile.
Asked if he would return to politics, Kasitah said he would continue to strengthen the party in whatever way possible, including as a “mere supporter.”
In her 74-page judgment Wednesday, Judge Suraya Othman said the prosecution had failed to prove a prima facie case against the former Sabah Land Development Board (SLDB) chairman.
“The essential ingredients of both the offences of corrupt practice and cheating were not made out on the facts before the court. In the circumstances, the accused stands acquitted and discharged of both charges against him,” she said.
Kasitah claimed trial to having used his position as SLDB chairman for his own financial gain by taking part in the decision to approve a proposal for the sale of 16.8 million shares held by the board in Sapi Plantations Sdn Bhd to Briskmark Enterprise Sdn Bhd, where he was promised 3.36 million shares in Sapi Plantations.
He is alleged to have committed the offence at the Forum Meeting Room at the Fairlane Hotel here on Oct 22, 1996.
On the second charge, Kasitah is alleged to have cheated SLDB board members by omitting to disclose to them the offer by PPB Oil Palms Sdn Bhd to allocate five shares of the company for each share of Sapi Plantations in the proposal by PPB Oil Palms for listing on the then Kuala Lumpur Stock Exchange, now Bursa Malaysia. He was accused of thereby dishonestly inducing them to approve the sale of 16.8 million shares held by SLDB in Sapi Plantations to Briskmark Enterprise, whereas they would not have approved the sale if they had known about the offer by PPB Oil Palms that day.
Justice Suraya said the failure of the prosecution to call six board members who were present in the meeting on Oct 22, 1996 was detrimental to their case.
“This ... created a big gap in relation to the question of whether the board members were actually cheated by the accused,” she ruled.
In elaborating her grounds, Justice Suraya said she found the evidence by lawyer and SLDB board of directors’ member Catherine Yong very damaging.
“Of all the witnesses, I found the evidence of Catherine (Yong) very damaging since it was her evidence that nailed the coffin on the prosecution’s case.
“There was no evidence from her that indicated that the accused had misused his position or tried to influence her and other board members in arriving at the decision to approve the sale of the said 40% of Sapi shares to Briskmark,” she said.
“In the course of explaining what transpired at the meeting, she remembered the role played by Kasitah as chairman of the meeting and how the decision was arrived at by the board with the assistance of various supporting documents and expert opinions,” she said.
The judge also noted that a former partner of an auditing firm and SLDB consultant, Vincent Chia Ka Soon, who testified in the case, had put himself in a serious position of conflict of interest and that his evidence was tainted and had to sieved through carefully.
Kasitah claimed trial at Sessions Court here on Feb 12, 2004 and his case was transferred to the High Court later.
A total of 31 witnesses testified in the trial and 337 exhibits had been tendered during the hearing which began on Jan 8, 2007.
More to come
Related Stories:
June 30 decision on Kasitah’s corruption case
News Poll
- Court ruling takes bite out of local council summonses
- Chin Peng apologises for death of innocents
- Girl and stepmum held over bid to kill first wife
- Biggest karaoke session a blast
- New evidence on MCA snoop squad case arrives at doorstep
- Victim’s dad nabs kidnapper
- Teoh’s body exhumed for second autopsy today
- Foreigner falls to her death from condominium
- Malaysians must get regular dental checks
- Puad faces flak over ‘use Bahasa only’ remark
- Court ruling takes bite out of local council summonses
- Chin Peng apologises for death of innocents
- Malaysians must get regular dental checks
- No licence to try offenders
- Big impact in ‘small’ man’s win
- New evidence on MCA snoop squad case arrives at doorstep
- Weapons drawn for new battle
- Johor set to be a medical hub
- Joy for 2,500 housebuyers as SPNB takes over project
- More Indonesian maids by year end?
RSS
