KUALA LUMPUR: A Datuk Seri pleaded not guilty to criminal breach of trust (CBT) involving RM5.5 million and a separate money laundering offence involving RM403,000 at two Sessions Court today.
Former ARB Development Sdn Bhd director Datuk Seri Liew Kok Leong,53, entered his pleas after the charges were read out before judges Muhammad Ilmami Ahmad and Suzana Hussin.
Before Ilmami, Liew was accused of dishonestly misappropriating the company's RM5.5 million funds entrusted to him for the purchase of a 51 percent equity stake, comprising 255,000 ordinary shares, in C&M Renewable Energy Technology Sdn Bhd.
He allegedly transferred the money to the account of Messrs Ivan & Co for onward transfer to an account belonging to Er Yan Shuen, 55, purportedly for the purchase of three shop-office lots in Tigerlane Square in Ipoh, Perak.
The alleged offence occurred between May 6 and June 17, 2019 at Kuala Lumpur Sentral.
The charge framed under Section 409 of the Penal Code carries a maximum two-year jail term and not exceeding 20 years, whipping and a fine upon conviction.
Deputy public prosecutor Julianazriana Jaafar sought bail of RM500,000 with one surety, in view of the substantial amount involved in the alleged offence and to ensure Liew's attendance in court.
She also applied for Liew to surrender his passport until case disposal, barred from leaving the country without court's permission, report to the Malaysian Anti-Corruption Commission (MACC) headquarters monthly and refrain from harassing prosecution witnesses.
However, defence lawyer Zander Lim Wai Keong, asked for a reduced bail of RM50,000, arguing that the proposed sum was excessive and beyond his client's financial means.
"The bank accounts of my client as well as his family members had been frozen since August last year and affected their financial circumstances.
"My client cooperated with the MACC last year and never tried to evade investigations.
"He has no objections to his passport being impounded until case disposal and so, the issue of my client absconding is immaterial," he said, adding that Liew's wife would act as his surety.
After hearing the submissions, Ilmami set bail at RM200,000 with one surety.
He also ordered Liew to surrender his passport, report to the Putrajaya MACC headquarters monthly and not harass prosecution witnesses.
In the second case before Suzana, Liew pleaded not guilty to a money laundering charge involving RM403,000.
He was accused of being directly involved in a transaction involving proceeds from unlawful activities by instructing Er to transfer RM403,000 from his bank account to an account belonging to Permata Global Sdn Bhd through a cheque.
The alleged offence took place at a bank in Taman Maluri on June 15, 2019.
The charge brought under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 is punishable under Section 4(1) of the same Act.
Upon conviction, one faces a jail term not exceeding 15 years and a fine not less than five times the value of the illegal proceeds or RM5 million, whichever is higher.
Suzana allowed the bail terms imposed by Ilmami in the CBT case to apply to the money laundering case.
She also allowed the prosecution's application to transfer the case to Ilmami's court to be tried together.
The court fixed Dec 10 document submission.
After the proceedings, Lim said arrangements were being made for the payment of bail.
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