Published: Monday January 7, 2013 MYT 1:49:00 PM
Updated: Monday January 7, 2013 MYT 6:39:45 PM
NFCorp graft case: Defence applies to strike out two charges against Mohamad Salleh
By MAIZATUL NAZLINA
KUALA LUMPUR: The defence has applied to strike out two criminal breach of trust charges against National Feedlot Corporation Snd Bhd (NFCorp) executive chairman Datuk Seri Dr Mohamad Salleh Ismail in a Sessions Court here.
The application was filed when the case was mentioned before Sessions Judge S.M. Komathy Suppiah in chambers in the presence of all parties.
The case had been fixed for final case management Monday.
Deputy public prosecutor Awang Armadajaya Awang Mahmud told reporters that the next mention date has been fixed for Feb 8.
He said due to the application, they needed to file an affidavit-in-reply within three weeks.
"I was taken by surprise as I have not been informed on the application," he said.
On March 12, 2012, Dr Mohamad Salleh claimed trial to dishonestly misusing funds amounting to RM9,758,140 through four cheques to partly finance the purchase of two units of One Menerung Condominium in Block B here, for the National Meat and Livestock Corporation Sdn Bhd, which he owns with one of his sons.
According to the charge sheet, he committed the offence in his capacity as an NFCorp director entrusted with control over the company's assets.
He is said to have committed the offence at CIMB Islamic Bank Bhd in Jalan Burhanuddin Helmi, Taman Tun Dr Ismail, here between Dec 1 and 4, 2009.
The second count involved a transfer of RM40mil into the account of National Meat and Livestock Corporation Sdn Bhd, of which Mohamad Salleh and one of his children were directors, between May 6 and Nov 16, 2009.
Dr Mohamad Salleh was charged under Section 409 of the Penal Code, which carries a jail term of up to 20 years, a fine and whipping.
He was also charged with violating Companies Act under Section 132(2)(a) for utilising company assets to partially fund the purchase of the condominiums without the company's approval.
Dr Mohamad Salleh was represented by lead counsel Datuk Seri Dr Muhammad Shafee Abdullah.