KUALA LUMPUR, July 26 — Former Boustead Naval Shipyard Sdn Bhd (BNS) managing director Tan Sri Ahmad Ramli Mohd Nor today failed in his attempt to strike out three criminal breach of trust (CBT) charges involving RM21.08 million related to the Royal Malaysian Navy’s littoral combat ship (LCS) project.
High Court Judge Datuk Azhar Abdul Hamid dismissed Ramli’s application, finding that the issue of the applicant’s mental fitness to stand trial and defend himself needs to be assessed by a trial judge.
"Therefore, the applicant’s request to dismiss all three charges is denied, and the case is returned to the Sessions Court for a trial judge to evaluate the applicant’s mental fitness," he said.
The former navy chief filed a motion in April, through his lawyer, to dismiss the three charges and sought to be released from all charges on the grounds that it would be unfair for him to stand trial given his health condition.
His daughter, Rinnie Nor Ahmad Ramli, 50, stated in her supporting affidavit that after a medical examination, her father was diagnosed with "progressive neurodegenerative", a condition consistent with "moderate mixed dementia".
Rinnie said her father would be unable to focus on the proceedings or the questions that may be posed to him, and that he would also struggle to remember events or issues raised during the trial.
"The applicant is unable to provide precise and effective instructions to his lawyers and there is a significant risk that his health will be adversely affected by the trial," she stated in the affidavit.
She added that her father has gallstones, which cause him abdominal pain. Given his age, he faces a high risk if he undergoes surgery to remove the gallstones or his gallbladder.
Meanwhile, an affidavit in reply filed by a Malaysian Anti-Corruption Commission (MACC) officer stated that the trial judge had not had the opportunity to assess Ramli’s health condition, as he had attended court only twice — on August 16, 2022, when he was charged, and during a case mention on November 21, 2022.
He has been absent on other dates upon his lawyer’s request.
Deputy public prosecutors Mahadi Jumaat, Muhammad Asraf Mohamed Tahir and Zander Lim Wai Keong appeared for the prosecution, while Ramli, who was excused from court, was represented by lawyers Datuk Mohd Yusof Zainal Abiden, Alex Tan Chie Siam and Mohd Yunos Shariff.
Met after the proceedings, Mahadi informed reporters that the next case mention has been scheduled for July 30 at the Sessions Court.
On February 5, the Attorney-General's Chambers rejected Ramli’s appeal to drop the three charges.
For the first charge, Ramli, as the managing director of BNS entrusted with the company’s funds, is accused of CBT for authorising a payment of RM13,541,140 to Setaria Holding Ltd, Standard Chartered Bank, 6 Battery Road, Singapore, without the approval of the board of directors, between July 26, 2010 and March 25, 2011.
The second charge involves the unauthorised approval of a payment of RM1,360,716 to JSD Corporation, the Overseas-Chinese Banking Corporation Ltd, Chulia Street, OCBC Centre, Singapore, between April 19, 2011 and May 4, 2011.
As for the third charge, Ramli is accused of authorising a payment of RM6,182,295 to Sousmarin Armada Ltd, Standard Chartered Bank, 6 Battery Road, Singapore, between October 28, 2010 and November 22, 2010.
All three charges were framed under Section 409 of the Penal Code, which provides for between two and 20 years imprisonment, with caning and a possible fine, upon conviction.
However, caning cannot be imposed on female offenders or males over the age of 50.
— Bernama
