THE Kuala Lumpur Sessions Court today acquitted a former pharmaceutical company director and the company’s chief financial officer (CFO) from charges of submitting false claims relating to the refunds for purchases of several stick pack machines worth RM1.2 million to the Agriculture and Agro-based Industry Ministry in 2014.
Judge Rozina Ayob ruled the prosecution failed to prove a prima facie case against company director Gulam Rusol Md Ismail, 60, and CFO Kamaruzzaman Kamaludeen, 50.
In her judgment, she said there were defects in the charges against the accused.
“The prosecution failed to state specifically what the false details that are said to have deceived the ministry. That is a defect that has been detrimental to the prosecution’s case and is prejudicial against both of the accused,” she said.
Rozina said the court found that when the audit team was present at Natureceuticals Sdn Bhd (NCSB), the machines were not there as the cancellation of purchase was made by the 12th prosecution witness, then-NCSB director Dr Amin Malik Shah Abdul Majid, and not both of the accused.
“The machines were no longer under the control of both the accused. Therefore they are acquitted without having their defence called for the charges, with bail and passports to be returned to them,” Rozina said.
The prosecution called 15 witnesses to the stand, in the trial that began on January 28 last year.
Deputy public prosecutors Raya Rasyidah Murni Azmi and Natrah Fareha Rahmat prosecuted. Lawyer Wan Azwan Aiman Wan Fakhruddin appeared for Gulam and lawyer Muhammad Irzan Iswatt Noor Mohd represented Kamaruzzaman.
Gulam and Kamaruzzaman were charged under section 18 of the Malaysian Anti-Corruption Commission Act 2009. – Bernama, March 3, 2023.
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