– July 5, 2017 @ 6:33pm
KUALA LUMPUR: Businessman Shamsubahrin Ismail today won his appeal in the High Court against conviction and sentencing over cheating and money laundering related to National Feedlot Corporation Sdn Bhd.
Judge Datuk Azman Abdullah acquitted and discharged Shamsubahrin, who had been sentenced to eight years jail and four strokes of the cane by the Sessions Court in 2015, after being found guilty of cheating NFCorp executive chairman Datuk Seri Dr Mohamad Salleh Ismail involving RM1.75 million and 17 counts of money laundering.
The prosecution had cross-appealed to enhance the penalty of the Sessions Court.
After the judge handed down the decision, Shamsubahrin, 51, clad in a dark blue suit, embraced his younger sister and both of them shed tears of joy.
Wiping away his tears, Shamsubahrin said to reporters: “Alhamdulillah (Peace be to God) for the decision of the court. The decision of the judge is transparent. Alhamdulillah.”
The prosecution was conducted by DPP Ahmad Sazilee Abdul Khairi while counsel Gobind Singh Deo appeared for Shamsubahrin.
Judge Azman said at the outset of the hearing that the prosecution and defence had submitted documents which denied that former prime minister Tun Dr Mahathir Mohamad had known Shamsubahrin.
“They also stated that Mahathir had never asked the appellant (Shamsubahrin) to assist Mohamad Salleh or NFCorp at any time. And, the amendment to the charge stating that the appellant was asked by Mahathir to assist Mohamad Salleh is incorrect,” he said.
As such, the issues raised in the appeal in that matter were prejudicial to the appellant, he said, adding that the court replaced the Sessions Court decision with an order for acquittal and discharge.
Shamsubahrin was charged on Dec 30, 2011, with five counts of cheating Mohamad Salleh involving RM1.75 million and on June 18, 2012, he was charged with 17 counts of money laundering.
He was charged with cheating by promising consultancy and advisory services by stating that he had been asked by Dr Mahathir 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.
On May 18, 2015, Shamsubahrin was sentenced to eight years jail and ordered to be whipped four times for the cheating and money laundering charges after he was found guilty by the Sessions Court. He was also ordered to pay RM611,895.94 as penalty, in default four years jail.
He was charged with committing the offences at a restaurant in Taman Tunku on Nov 20, 2011, and at several banks in Kuala Lumpur and Petaling Jaya between Nov 25, 2011 and Dec 13, 2011. — BERNAMA
Source : https://www.nst.com.my/news/crime-courts/2017/07/254807/shamsubaharin-freed-wins-appeal-nfcorp-related-case