Bernama |Updated:May 19, 2015
(First published on: May 19, 2015 07:36 MYT)
KUALA LUMPUR: Businessman Shamsubahrin Ismail was sentenced to eight years’ jail and four strokes of the cane by the Sessions Court Monday after he was found guilty on five counts of cheating Executive Chairman of the National Feedlot Corporation Sdn Bhd (NFCorp), Datuk Seri Dr Mohamad Salleh Ismail, involving RM1.75 million, and 17 counts of money laundering.
Judge Rozilah Salleh imposed a jail sentence of between five to eight years as well as four strokes of the cane on Shamsubahrin, 49, on five charges of cheating and jail of between six months and five years for 17 charges of money laundering under the Anti-Money Laundering and Counter-Terrorism Financing Act
The court ordered the jail sentence on Shamsubahrin to run concurrently, effective Monday.
Rozilah also ordered the accused to pay a penalty of RM611,895.94 for the offence under AMLATFA for property which had been taken.
She said the penalty which was effective Monday, had to be paid within three months, and if he failed to do so, he would undergo a four-year jail sentence.
However, Rozilah allowed counsel Hasnal Rezua Merican a postponement of the jail sentence pending the appeal at the High Court, and increased bail from RM300,000 to RM350,000, with one surety.
During the proceeding, Shamsubahrin who was clad in white robes and accompanied by his wife and family members, appeared calm when the sentencing was passed.
Rozilah, in her judgment, said the court was satisfied that the prosecution had successfully proven the case beyond reasonable doubt against the accused at the end of the defence case.
She said the court agreed with the prosecution that the defence’s submission was only about the effects on the amendments to the charge and did not raise any doubts over the prosecution case.
“The submission by the defence only raised the issue of the amendment and not on the confession of the accused who created stories about the short messaging service (SMS), inducing the victim to hand over four cheques,” he said.
For the charge under AMLATFA, Rozilah said the accused did not challenge the evidence that he deposited, withdrew and transferred money as charged.
“I believe it was a transaction that resulted from cheating. The court does not accept the explanations of the accused. It has been proven beyond reasonable doubt,” she said.
Rozilah also said the accused intentionally took advantage of Mohamad Salleh (42nd prosecution witness)’s situation when at that time, was under attack from media reports and opposition parties over the management of the NFCorp.
Earlier, in mitigation counsel Datuk Kamarul Hisham Kamaruddin said his client was an innovative man who had contributed to society including improving the quality of taxi service at Suria KLCC.
The Deputy Head of the Prosecution Division (Policy) in the Attorney-General’s Chambers, Datuk Abdul Razak Musa said the offence committed by the accused was serious as it involved a large sum of money and asked that the maximum sentence be imposed on him.
On Dec 30, 2011, Shamsubahrin was charged with five counts of cheating Mohamad Salleh involving RM1.75 million and on June 18, 2012, he was charged with 17 counts of involvement in money-laundering activities.
He was charged with cheating by promising consultancy and advisory services by stating that he had been asked by former prime minister Tun Dr Mahathir Mohamad to assist Mohamad Salleh and offered to provide consultancy services worth RM2.75 million, thus inducing Mohamad Salleh to agree to pay the fees to him.