Published: Tuesday February 26, 2013 MYT 2:56:00 PM
Updated: Tuesday February 26, 2013 MYT 3:05:19 PM
Premature to strike out CBT charges against ex-Sime CEO, High Court told
By QISHIN TARIQ
KUALA LUMPUR: It is premature to strike out the criminal breach of trust (CBT) charges against former Sime Darby Bhd president and CEO Datuk Seri Ahmad Zubair Murshid before his trial, the High Court here heard Tuesday.
Deputy public prosecutor Kevin Morais from the Malaysian Anti-Corruption Commission (MACC) said the prosecution should be allowed to adduce further evidence during the trial.
"We submit that if there is any defect in the charge, then my lord (the Judge) has the power instruct the prosecution to amend the charge but not to strike it out at this early stage," he told the court.
Lead counsel Datuk Mohd Yusof Zainal Abiden submitted that the charges against his client were flawed, groundless, mala fide (in bad faith) and an abuse in court process.
Justice Kamardin Hashim set March 15 to decide on the matter.
On July 17, 2012, Ahmad Zubair was charged at a Sessions Court here with two counts of CBT involving more than RM100mil over the acquisition of land in Sarikei under the Sarawak Upstream Expansion Plan.
Ahmad Zubair was also charged with two alternative charges of cheating under Section 418 of the Penal Code.
He claimed trial to all the charges.
On Dec 27, 2012, Ahmad Zubair applied to have the High Court strike out the charges against him, citing that the prosecution's charge was defective and lacked evidence.
Former Sime Darby CEO applies to strike out CBT, cheating charges
Ex-Sime Darby chief wants charges struck off after MACC amends charges against him
Ex-Sime Darby chief Zubair's RM100mil-CBT charges to be amended