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NFC chairman fails to strike out CBT charges

KUALA LUMPUR, Nov 22 (Bernama) -- National Feedlot Corporation Sdn Bhd (NFCorp) executive chairman Datuk Seri Dr Mohamad Salleh Ismail today failed in his application to strike out two criminal breach of trust (CBT) charges, involving RM49.7 million, against him.

Sessions Court judge Norsharidah Awang, in dismissing Mohamed Salleh's application, said there was no defect in the charges and that they had basis to be heard.

She said there was an element of mala fide in the application and the court could only strike out the charges if there were without basis.

Norsharidah said she could only allow the application based on three elements, namely if the charges did not mention all the elements of the offences as stipulated by the law, the charges did not mention the offences that were committed and the court had no jurisdiction to hear the case.

"This application is premature. The prosecution is entitled to submit documents in the trial.

"Evidence in the affidavit cannot be used as a basis. If there are issues that are disputed, it should be heard in a full trial," she added.

The court then set two days, from Jan 20 next year, for the trial. Mohamad Salleh had filed the application to strike out the two charges last Jan 7.

On March 12, 2012, he claimed trial to dishonestly misusing funds amounting to RM9,758,140 through four cheques to partly finance the purchase of two condominium units and transferring RM40 million into the account of the National Meat and Livestock Corporation Sdn Bhd.

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