KUALA LUMPUR, May 11 - Two company directors, including a prominent Islamic finance figure, were charged in the Sessions Court today on seven charges of criminal breach of trust (CBT) involving RM10.55 million.
Tan Sri Mohd Daud Bakar, 62, who is also Bank Negara Malaysia's former Shariah Advisory Council chairman, and Datuk Norliza Tajudin, 54, pleaded not guilty after the charges were read out before Judge Suzana Hussin.
For the first to the seventh charges, they were jointly charged as directors and shareholders of Energy Eco Sdn Bhd with committing CBT involving money amounting to RM400,000, RM500,000, RM900,000, RM2 million, RM550,000, RM6 million, and RM200,000 belonging to Moideen Kunjayu, Koperasi Perumahan Sentul Pasar Kuala Lumpur Berhad, Datuk Mashitah Ibrahim, and Myad Kapital Sdn Bhd.
The accused are charged with dishonestly using the money by breaching the express contract, namely the Shareholder's Advance Agreement dated June 22, 2021; January 19, 2022; April 1, 2022; April 27, 2022; December 6, 2022; April 5, 2023; and May 12, 2024, involving a Sharia-compliant glove manufacturing business.
The offence was allegedly committed at two banks in Taman Setiawangsa and Bangsar between June 22, 2021 and May 15, 2024.
The charge, brought under Section 409 of the Penal Code and read together with Section 34 of the same law, provides for a prison sentence of not less than two years and a maximum of 20 years, with whipping, and may be fined if convicted.
Deputy Public Prosecutor Mahadi Abdul Jumaat informed the court that the prosecution and defence agreed to a bail of RM100,000 for each accused with one surety.
“For Norliza, the prosecution requested additional conditions, namely that her passport be surrendered to the court, not make any communication regarding this case with prosecution witnesses and report herself on the first week of every month at the Malaysian Anti-Corruption Commission office in Putrajaya pending disposal of the case," he said.
As for Daud, the accused had previously been charged at the Kuala Lumpur Sessions Court 10 on February 23 and was granted bail of RM50,000, with additional conditions requiring him to surrender his passport and to report monthly to the Securities Commission Malaysia.
“For this case, the agreed bail amount is RM100,000. The additional conditions regarding passport surrender and monthly reporting do not apply here. However, the accused is prohibited from communicating with prosecution witnesses, either directly or through third parties,” Mahadi said.
In today’s proceedings, Daud was represented by lawyer Datuk Hamidi Mohd Noh.
Meanwhile, counsel Zahida Md Zaman, representing Norliza, requested that her client be allowed to pay the bail amount in instalments, of RM50,000 today and the remaining RM50,000 by May 18.
Judge Suzana allowed Norliza to be released on RM100,000 bail with one surety, together with the additional conditions requested by the prosecution.
She also allowed the bail to be paid in instalments, as requested: RM50,000 today, with the balance to be settled on or before May 18.
“For accused Mohd Daud, the court grants bail of RM100,000 and orders that he refrain from communicating with prosecution witnesses in this case, either directly or through third parties. June 19 is fixed for mention,” Judge Suzana said.
On February 23, Daud pleaded not guilty at the Sessions Court to a charge of abetting the carrying out of a securities business without a licence.