KUALA LUMPUR: The Sessions Court acquitted and discharged a businessman of two charges of fraud in connection with the purchase of an airplane and helicopter amounting to more than RM7mil.
Judge Kamarudin Kamsun made the ruling after finding that the prosecution failed to prove a prima facie case against Datuk Ismail Hassan, 59, at the end of the prosecution case.
"The court acquits and discharges the accused of both charges without being called to enter his defence. The bail money (RM10,000) is returned,” he said on Tuesday (June 27).
Kamarudin said the court found no element of false representation and dishonest intention by the accused in the first charge.
"Based on the testimonies of the prosecution witnesses, the accused never at any time promised to buy the airplane and issue two cheques.
"The said purchase came from the complainant's wishes as shown by the chain of WhatsApp conversations between the accused and the complainant in which the complainant wanted to sell his equity holdings of the aircraft and the complainant's incessant pressure on the accused.
"Thus the court saw no deceitful act or dishonest statement from the accused,” said Kamarudin.
On the second charge, Kamarudin said that based on the testimonies, the court found that there was a letter from the Insolvency Department issued to the accused on Sept 6, 2016, allowing the accused to carry out his duties as a company consultant without any other restrictions.
"...however the accused cannot be a guarantor for company loans or any other party. Even without a release from being a bankrupt, with the letter of authorisation, it is sufficient for the accused to carry out any matter related to the company because it is in the knowledge of the Insolvency Department who has considered the accused's ability and capacity before issuing the permission letter for him to carry out the tasks," he added.
The trial which was prosecuted by Deputy Public Prosecutor Muhammad Aiman Azahan began last month with 12 prosecution witnesses called to provide their testimonies, while lawyers Datuk Zainal Omar and Ahmad Fadli Salleh represented Ismail.
On the first charge, Ismail was accused of cheating a 57-year-old businessman by deceiving the latter that the accused wanted to buy the equity holdings of a Cessna 650 Citation III (N95AZ) plane and an EC120B (N120TX) helicopter for RM7,092,995.
Ismail handed over two cheques, one for RM1mil and another for RM6,092,995, to the man when the accused knew that the cheques could not be encashed which he allegedly committed at a legal firm at Solaris Dutamas here on Feb 21, 2019. The charge was framed under Section 415 of the Penal Code, read together with Section 417 which provides for a maximum jail term of five years or a fine, or both, on conviction.
On the second charge, Ismail, as an undischarged bankrupt, was accused of having entered into a loan agreement dated Nov 29, 2017, with the same man for the purpose of buying the same plane and helicopter and setting up a company to do aircraft rental business in the country, allegedly committed at an office in Jalan Pinang, Dang Wangi here on Nov 29, 2017, under Section 109(1) (m) (ii) of the Bankruptcy Act 1967. - Bernama
