Court date: Vivy and Fadzarudin (centre) arriving at the Sessions Court in Kuala Lumpur. — MUHAMAD SHAHRIL ROSLI/The Star
KUALA LUMPUR: FashionValet Sdn Bhd founders Datuk Fadzarudin Shah Anuar and Datin Vivy Yusof have claimed trial at the Sessions Court here to a charge of criminal breach of trust (CBT) involving RM8mil from the coffers of Khazanah Nasional Bhd and Permodalan Nasional Bhd (PNB).
Wearing an all-white ensemble, Vivy, or her full name Vivy Sofinas Yusof, and her husband Fadzarudin, appeared calm as the charge was read out to them before Sessions Court judge Rosli Ahmad yesterday.
The couple were jointly accused of fraudulently making a payment of RM8mil from FashionValet Sdn Bhd to 30 Maple Sdn Bhd without the approval of FashionValet’s board of directors.
According to the charge sheet, Vivy and Fadzarudin, as company directors, were entrusted with the monies which were investment funds from Khazanah Nasional and PNB.
The offence was allegedly committed at a Public Bank branch in Bukit Damansara here on Aug 21, 2018.
They were charged under Section 409 of the Penal Code, read together with Section 34 of the same code.
If convicted, Vivy and Fadzarudin face imprisonment of between two and 20 years, whipping, and a fine.
“Plead not guilty,” Vivy said after the charge was read out.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin offered bail between RM100,000 and RM200,000 for each of the accused.
He said the amount offered was reasonable due to the severity of the offence.
“The prosecution has the right to request additional conditions for bail.
“In this case, we sought for the accused persons to report themselves at the Malaysian Anti-Corruption Commission (MACC) headquarters in Putrajaya.
“We also sought for their passports to be surrendered to the court as there is a flight risk and we need to ensure justice for all parties involved,” he said.
“They can make applications to retrieve their passports at any time and on reasonable grounds.”
Lawyer Ashok Athimulan, representing the couple, argued that the bail amount was too high and almost punitive.
“The presumption is that they are innocent until proven guilty,” he said.
Ashok denied that his clients were a flight risk and said they had cooperated during the investigation without evading authorities.
“They have four children. They live in Kuala Lumpur and their family is also here.
“They have claimed trial and are looking forward to clearing their names,” he said.
The lawyer also mentioned that Vivy and Fadzarudin were facing financial hardship and had to depend on their friends and family financially.
Judge Rosli fixed bail at RM100,000 in one surety for each accused.
He allowed the additional conditions requested by the prosecution and ordered the accused not to disturb or influence the witnesses.
The case is set for mention on Jan 22 next year.
Vivy and Fadzarudin left the court complex holding hands at about 2.50pm after posting bail.
Both merely nodded to the media crew without making any comments as they walked to their vehicle.
Last month, the MACC began its investigation into FashionValet regarding the investment losses amounting to RM43.9mil by government-linked companies Khazanah Nasional and PNB.
Dubbed Ops Favish, the MACC had frozen accounts belonging to FashionValet and 30 Maple as part of the investigation.
