Former PAS deputy president Nasharudin Mat Isa has been granted a discharge not amounting to an acquittal (DNAA) over 16 counts of criminal breach of trust (CBT) of RM321,273.80 linked to his salary as then Nassar Foundation chairperson.
However, he is still facing 14 counts of CBT and three counts of money laundering totalling over RM3.65 million.
Nasharudin’s defence counsel Mohd Shukri Ahmad Mansor today informed Malaysiakini that Shah Alam Sessions Court judge Rozilah Salleh allowed the DNAA of the 16 CBT charges during open court proceedings on Sept 22.
The 16 CBT charges were over the offence of allegedly dishonestly accepting RM321,273.80 in total as salaries for being Nassar Foundation's chairperson between 2015 and 2018.
Shukri said this was the outcome of the Attorney-General’s Chambers (AGC) partly accepting the letter of representation sent by the accused’s defence team.
Previously, Malaysiakini reported that a letter of representation was sent to the AGC on July 7.
Under the normal legal practice, a letter of representation is a proposed method for resolving a case, such as for the charges to be dropped or for the accused to plead guilty to a lesser offence, for example.
“The letter of representation was partly accepted, whereby all 16 CBT charges (in relation to Nasharudin’s salary as then Nassar Foundation chairperson) were sought to be withdrawn by the prosecution.
“Shah Alam Sessions Court judge then on Sept 22 granted a DNAA on the 16 charges.
“However, the remaining (17) charges (of CBT and money laundering) still stand,” Shukri said.
The defence counsel said that following the DNAA issued by the court on Sept 22, previously fixed trial dates after that date were vacated.
He added that the case is set for further mention on Nov 20.
It was previously reported that the court had fixed Sept 28 and 30; Oct 1 and 2; Oct 5 to 9; and Oct 13 for the trial of the case.
On Oct 22 last year at the Shah Alam Sessions Court, Nasharudin claimed trial to three counts of money laundering and 30 counts of CBT amounting to nearly RM4 million.
At present, Nasharudin faces three counts of indirect involvement in money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (Amla) Act 2001.
He was accused of channelling the proceeds from unlawful activities amounting to RM302,069.60 to three recipients through a bank account belonging to his company, Wasatiyah Centre For Peace Sdn Bhd.
The funds were Finance Ministry allocations meant for the Global Movement of Moderates (GMM), a non-governmental organisation (NGO).
The three Amla offences allegedly took place in November and December 2018, about four months after then prime minister Dr Mahathir Mohamad ordered an end to GMM’s operations.
Nasharudin was appointed as GMM chief executive officer on Oct 28, 2015, until its last day on July 31, 2018.
The 14 CBT charges under Section 409 of the Penal Code, meanwhile, allegedly took place between 2015 and 2018, involving RM3,400,410 in funds linked to Nasharudin's position as the chairperson of Nassar Foundation and GMM CEO.
Entrusted with managing assets belonging to Nassar Foundation, Nasharudin was accused of, among others, dishonestly making payments of RM51,000 on Aug 22, 2016, as catering fees for his son's wedding reception; dishonestly making payments of RM25,756 on Feb 1, 2018, to a local private college for his son's tuition fees; and to offer an RM34,000 loan to his daughter.
He had also allegedly used over half a million ringgit of the foundation funds to purchase several shop lot units in Bandar Baru Bangi.
The former Bachok MP was also accused of channelling RM2.6 million in research grants from GMM to Wasatiyah Centre for Peace. - Mkini
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