Tourism Malaysia director-general Mirza Mohammad Taiyab and former chief operating officer of Pembangunan Pelancongan Malaysia Berhad (Pempena) Mohammad Rosly Md Selamat were today acquitted and discharged by the Sessions Court in Kuala Lumpur of committing criminal breach of trust (CBT) involving RM888,000, five years ago.

Judge Che Mohamad Zulkifly Jusoh freed the duo without calling for their defence after finding the prosecution failed to prove a prima facie case against them.

Moments after the verdict was delivered, some 100 family members and friends of the two accused seated in the public gallery clapped their hands and shouted “Alhamdulillah”.

In his judgment, Mohamad Zulkifly said they had not committed CBT, implied or otherwise.

He also said the date stated in the charge as to when the alleged offence was committed was also not clear.  

“In the charge sheet, they were alleged to have committed the offence on Feb 27, 2007 but in the Remittance Advice the two accused signed and which was the document the prosecution relied on, the date stated was Jan 26, 2007. This makes the date the offence was committed unclear,” he said.

Mirza, 56, and Mohammad Rosly, 59, were charged with committing CBT by approving a payment of RM888,000 to the account of LCL Interior Dubai on Feb 27, 2007 for the Restoran Malaysia project in Dubai without following stipulated conditions.

The were alleged to have committed the offence at the office of Pempena on the 3rd Floor of Menara Dato' Onn, Putra World Trade Centre in Kuala Lumpur on Feb 27, 2007.

They were charged under Section 409 of the Penal Code read together with Section 34 of the same code, which provides for jail up to 20 years and fine, also the possibility of being whipped, if convicted.

13 witnesses testified

A total 13 witnesses testified for the prosecution during the course of the trial which began on July 28 last year, including Housing and local government minister Chor Chee Heung.

The prosecution was led by deputy public prosecutor Azlina Rasdi, Mirza was represented by counsel Saseedharan Menon while counsel Rejender Singh acted for Mohammad Rosly.

Met by reporters outside the court, Mirza and Mohammad Rosly were all smiles and thanked their lawyers and also family members and friends for standing by them.

On July 24 2009, the Sessions Court had acquitted and discharged Mirza from a corruption charge.

He was charged with accepting dental treatment valued at RM13,860 from a director of a consulting company despite knowing the company had dealings with him as the director-general of Tourism Malaysia.  

- Bernama