PETALING JAYA: A sessions court judge in Kuala Lumpur raised questions about selective prosecution last week when acquitting a businessman of a charge of cheating a lawyer out of RM9 million in 2014.
“The investigating officer had in his testimony confirmed that the investigation paper in this case was classified as ‘NFA’ (requiring no further action) by the prosecution’s head office in Putrajaya.
“Despite that, the case was proceeded with, suggesting something that does not add up, and raising issues as to whether selective prosecution was involved,” judge Kamarudin Kamsun said when delivering his verdict last week.
He went on to rule that the prosecution had failed to establish a prima facie case against the accused, 54-year-old Sarwan Singh Kundan.
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According to the charge sheet, Sarwan was accused of deceiving Aminah Faudzar into investing in a sand mining business, a restaurant, and the redevelopment of Medini Square in Johor Bahru.
He was accused of inducing Aminah into handing over RM9 million at her law firm between March and June 2014.
The charge was framed under Section 420 of the Penal Code, which carries a punishment of up to 10 years’ imprisonment and whipping and a fine upon conviction.
Kamarudin said based on the overall case and evidence available, the transfer of money to the accused was done with great care and vigilance by the complainant, who is a lawyer.
“She ensured that all investments given were secure and in compliance with the law, capable of yielding significant returns, and actively involved herself in all aspects of the businesses,” he said.
He said the complainant also engaged with all parties involved in the businesses and prepared contracts related to the investments, showing careful and meticulous consideration on her part.
As such, he said, the court found no evidence of deception on the part of the accused as claimed by the prosecution.
“In fact, the evidence shows that it was not the intention of the accused to deny the complainant payment.
“The complainant herself refused to cooperate with the accused by rejecting his requests for her to delay cashing in post-dated cheques, due to the company’s financial situation and issues in the mining business as well as the Medini Square project,” he said.
Kamarudin said all monies handed over by the complainant to the accused had been fully utilised for the purpose of the businesses, as testified by witnesses and forensic experts.
“It is also evident that the complainant has received returns of RM4 million from the investment made through the accused,” he said.
Lawyer V Manokaran acted for Sarwan, while deputy public prosecutor Nurul Khairiyah Shamsudin prosecuted.
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