PUTRAJAYA, Nov 3 — The Court of Appeal today upheld the acquittal of a former Felda senior officer on two counts of abetment in a criminal breach of trust case involving Felda funds of more than RM47 million.
A three-member bench led by Justice Datuk Azmi Ariffin unanimously dismissed the prosecution’s appeal to reinstate the Sessions Court’s decision to convict Datuk Faizoull Ahmad, 65, for the offence.
The panel, which also comprised Justices Datuk Noorin Badaruddin and Datuk Meor Hashimi Abdul Hamid, ruled that there was no reason to disturb the High Court’s decision that acquitted and discharged the former Felda director-general.
Justice Azmi, in delivering the court’s decision, said the prosecution’s appeal did not have merit and the appellate court concurred with the findings of the High Court.
“There is no reason for us to interfere with the decision and findings of the High Court,” he said, affirming the High Court’s decision that had set aside the Sessions Court’s verdict.
Faizoull was previously charged in the Sessions Court with two counts of abetting Felda’s former deputy director-general (Strategic Resources) Muhammad Sufi Mahbub (now deceased) in committing criminal breach of trust involving RM47.63 million.
Muhammad Sufi was accused of dishonestly disposing of and approving payments of RM25,999,000 and RM21,626,500 without the approval of Felda’s Board of Directors or its Tender Committee.
The alleged offences took place at Wisma Felda building, Jalan Perumahan Gurney, between January 13 and July 23, 2014.
On June 8, 2018, the Sessions Court convicted both men, sentencing Muhammad Sufi to five years’ imprisonment on each count and Faizoull to two years’ jail on each count, with the sentences to run concurrently.
However, on September 22, 2022, the High Court allowed Faizoull’s appeal, setting aside his conviction and ordering his acquittal and discharge.
As for Muhammad Sufi, the High Court struck out both his appeal and the prosecution’s cross-appeal on the sentence after his death during the appeal proceedings. Muhammad Sufi was 58 years old then.
Deputy Public Prosecutors Mohd Radzi Shah Ab Razak and Elyza Amira Habeeb Rahman, from the Malaysian Anti-Corruption Commission, appeared for the prosecution while Faizoull was represented by a legal team led by Datuk Sukri Mohamed. — Bernama
