SHAH ALAM: A top-ranking civil servant has been charged at the Sessions Court here with cheating his predecessor four years ago.
Malaysian Marine Department director-general Kapt Mohamad Halim Ahmed is accused of deceiving Datuk Baharin Abdul Hamid into issuing exemption letters to allow shipping firms to bring heavy-grade oil into Malaysian waters.
Kapt Mohamad Halim allegedly committed the offence on Oct 27, 2020, at the department’s headquarters in Port Klang during his tenure as the Transport Ministry maritime division under-secretary.
The 57-year-old father of three was charged under Section 417 of the Penal Code, which comes with imprisonment up to five years or a fine or both if found guilty.
He claimed trial to the charge which was levelled against him before judge Datuk Anita Harun yesterday.
According to the charge sheet, Kapt Mohamad Halim had given Baharin a letter allegedly from the Transport Ministry stating that the minister had decided to maintain the exemption period granted to shipping companies to bring heavy-grade oil into Malaysian waters.
However, the Transport Minister had not made such a decision or given any approval, and the purported letter had induced Baharin to issue exemption letters to the companies, which he would have otherwise not done.
Counsel Farhan Read appeared for Mohamad Halim while DPPs Ahmad Feisal Mohd Azmi and Muaz Ahmad Khairuddin represented the prosecution.
The prosecution recommended bail of between RM50,000 and RM70,999, as well as for Kapt Mohamad Halim to be ordered to surrender his passport and report to the Malaysian Anti-Corruption Commission (MACC) office once a month.
Ahmad Feisal told the court that since Kapt Mohamad Halim was the director-general, it was a public interest case.
Day in court: MACC officers escorting Kapt Mohamad Halim (right) into the Shah Alam Sessions Court. — KK SHAM/ The Star
Defence counsel Farhan, meanwhile, questioned the basis of the proposed bail amount since there were no financial losses recorded.
“This is a bailable offence and the charge is an allegation,’’ he said, adding that the accused was innocent at this point of time.
According to the defence lawyer, his client was a government servant and the department’s director-general, and there was no incentive for him to run away.
“He is keen to clear his name,’’ said Farhan, asking for bail to be set at RM10,000.
Farhan also said an internal departmental inquiry had cleared Kapt Mohamad Halim of any wrongdoing and hence it was perplexing as to why he was being charged in court now.
Anita set bail at RM20,000 with one surety and ordered Kapt Mohamad Halim to surrender his passport to the court as well as to report at the Selangor MACC office once a month.
The court also warned Kapt Mohamad Halim to not use his position to intimidate witnesses in the case.
Anita fixed Oct 7 for the case to be mentioned and submission of documents.
