KUALA LUMPUR (Jan 4): Malaysian Anti-Corruption Commission (MACC) senior officer Shahrum Nizam Baharuddin, 40, was charged in the Sessions Court here on Tuesday (Jan 4) for criminal breach of trust (CBT) involving US$6.94 million (about RM29.01 million) said to be retrieved from ex-spy chief Datuk Hasanah Abdul Hamid.
The US$6.94 million is material evidence for Hasanah’s trial.
Shahrum, who is attached to the MACC's headquarters in Putrajaya, was charged with committing CBT at the MACC’s special action branch chief's office on the 14th floor of Block C of the Putrajaya headquarters between Dec 17, 2018 and April 9, 2019.
Shahrum claimed trial to the CBT charge as it was read to him before Sessions Court Judge Suzana Hussin on Tuesday.
If found guilty under Section 409 of the Penal Code, Shahrum may face a maximum 20-year jail sentence and a fine.
Deputy Public Prosecutor (DPP) Wan Shaharuddin Wan Ladin appeared for the prosecution, which objected to the court granting bail in Shahrum’s case due to the severity of the offence that attracted media attention and the fact that Shahrum had been placed under a two-year detention under the Dangerous Drugs (Special Preventive Measures) Act 1985.
Wan Shaharuddin said if the court is considering granting bail, the prosecution proposes a sum of RM10 million with three local sureties.
Shahrum's lawyer K Ponnusamy, who indicated it is the court's discretion on whether to grant bail, said the RM10 million bail sought by the prosecution is too excessive.
Judge Suzana, after being informed by Wan Shaharuddin that the accused may face more than 100 charges of money laundering in relation to the CBT offence, decided not to grant bail in Shahrum’s case.
The court also fixed Feb 18 for mention of the case.
The High Court in April 2021 granted former Malaysian External Intelligence Organisation head Hasanah a discharge not amounting to an acquittal for CBT involving RM50.4 million of government money following a new development.
High Court Judge Datuk Ahmad Shahrir Mohd Salleh allowed the discharge not amounting to an acquittal because the prosecution, while applying not to further prosecute Hasanah, had indicated that she will be made to face her charge at a later date.
"The learned DPP has also explained the new development which was discovered,” the judge said.
However, the reasons for the discharge not amounting to an acquittal were not immediately known.