KUALA LUMPUR: Former Boustead Naval Shipyard Sdn Bhd managing director Tan Sri Ahmad Ramli Mohd Nor has failed in his attempt to strike out three criminal breach of trust (CBT) charges involving RM21.08mi related to the Royal Malaysian Navy’s littoral combat ship (LCS) project.
High Court judge Datuk Azhar Abdul Hamid dismissed Ahmad Ramli’s application on Friday (July 26), finding that the issue of the applicant’s mental fitness to stand trial and defend himself needs to be assessed by a trial judge.
"Therefore, the applicant’s request to dismiss all three charges is denied, and the case is returned to the Sessions Court for a trial judge to evaluate the applicant’s mental fitness," he said.
The former Navy chief filed a motion in April through his lawyer to have the charges dismissed, seeking to be released from them on the grounds that it would be unfair for him to stand trial given his health.
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His daughter Rinnie Nor Ahmad Ramli, 50, stated in her supporting affidavit that after a medical examination, her father was diagnosed with progressive neurodegenerative disorder, a condition consistent with moderate mixed dementia.
Rinnie said her father would be unable to focus on the proceedings or the questions posed to him, and he would also struggle to remember events or issues raised during the trial.
"The applicant is unable to provide precise and effective instructions to his lawyers, and there is a significant risk that his health will be adversely affected by the trial," she stated in the affidavit.
She added that her father also has gallstones, which cause him abdominal pain.
Given his age, she said, he faces a high risk if he undergoes surgery to remove the gallstones or his gallbladder.
Meanwhile, an affidavit in reply filed by a Malaysian Anti-Corruption Commission (MACC) officer stated the trial judge did not have the opportunity to assess Ahmad Ramli’s health condition, as the accused attended court only twice: once when he was charged and during a case mention in 2022, while being absent on other dates at his lawyer’s request.
DPPs Mahadi Jumaat, Muhammad Asraf Mohamed Tahir, and Zander Lim Wai Keong appeared for the prosecution while Ahmad Ramli, who was excused from attending court, was represented by lawyers Datuk Mohd Yusof Zainal Abiden, Alex Tan Chie Siam and Mohd Yunos Shariff.
After the proceeding, Mahadi told reporters that the next case mention has been scheduled for July 30 at the Sessions Court.
On Feb 5, the Attorney General's Chambers rejected Ahmad Ramli’s appeal to drop the three charges.
On Aug 16, 2022, Ahmad Ramli, then 78, pleaded not guilty to the CBT charges in the Kuala Lumpur Sessions Court.
For the first charge, Ahmad Ramli, as the managing director of the shipyard entrusted with the company’s funds, is accused of CBT for authorising payment of RM13,541,140 to Setaria Holding Limited at Standard Chartered Bank, 6 Battery Road, Singapore, without the approval of the board of directors, between July 26, 2010 and March 25, 2011.
The second charge involves the unauthorised approval of a payment of RM1,360,716 to JSD Corporation at the Overseas-Chinese Banking Corporation Limited, Chulia Street, OCBC Centre, Singapore, between April 19, 2011 and May 4, 2011.
For the third charge, he is accused of authorising a payment of RM6,182,295 to Sousmarin Armada Ltd at Standard Chartered Bank, 6 Battery Road, Singapore, between Oct 28, 2010 and Nov 22, 2010.
All three charges are framed under Section 409 of the Penal Code, which provides for between two and 20 years imprisonment, with caning and a possible fine, upon conviction.
However, caning cannot be imposed on male offenders over the age of 50. – Bernama
