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Salleh fails to strike out CBT charges

KUALA LUMPUR, Feb 26 (Bernama) -- National Feedlot Corporation Sdn Bhd (NFCorp) executive chairman Datuk Seri Dr Mohamad Salleh Ismail today failed yet again in his application to strike out two criminal breach of trust (CBT) charges, involving RM49.7 million, against him.

High Court judge Datuk Mohd Azman Husin dismissed Mohamad Salleh's application after finding that the two charges were not defective and there were issues to be ironed out at a trial.

"This court finds that the Sessions Court judge had not erred. As such, the application is dismissed and the case is sent back to the Sessions Court for a full trial," he said.

Mohd Azman, however, allowed an application by Al-Firdaus Shahrul, counsel for Mohamad Salleh, to postpone the proceedings at the Sessions Court pending the disposal of an appeal against today's decision in the Court of Appeal.

On Nov 22, 2013, Sessions Court judge Norsharidah Awang dismissed an application by Mohamad Salleh to strike out the charges against him after finding that the charges were not defective and there was basis for a trial.

Mohamad Salleh, 66, who is also a director of NFCorp, was charged with misappropriating RM9,758,140 by way of four cheques from NFCorp funds to partly finance the purchase of two condominium units at the One Menerung complex in Kuala Lumpur between Dec 1 and 4, 2009 at the CIMB Islamic Bank Bhd in Jalan Burhanuddin Helmi, Taman Tun Dr Ismail.

He was also charged with committing a similar offence by transferring RM40 million by way of a cheque, between May 6 and Nov 16, 2009, to the account of National Meat & Livestock Corporation Sdn Bhd which he and one of his children own.

The two charges, under Section 409 of the Penal Code, provide for a maximum jail term of 20 years and whipping as well as a fine, upon conviction.

The prosecution was represented by DPP Syed Faisal Syed Amir.

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