NONE The High Court in Kuala Lumpur today dismissed an application by former Sime Darby president and group chief excutive officer Ahamad Zubair Murshid ( right in photo ) to strike out two counts of criminal breach of trust and two alternative charges.

In making the decision, Judge Kamardin Hashim said there was no merit in the application and it was premature to argue that the prosecution was unlikely to succeed due to lack of certain evidence.

He also said there was no evidence that the attorney-general had acted mala fide (in bad faith) against the applicant.

“Based on the above said reasons, I dismiss the applicant’s application,” he said.

Counsel Stanley Augustin and Mohd Yusof Zainal Abiden appeared for Ahamad Zubair while the prosecution was represented by Malaysian Anti-Corruption Commission (MACC) deputy public prosecutor Kevin Morais.

Kamardin also said the charges levelled against the applicant could be amended at any time before judgment was pronounced.

“There is another avenue available, that is, it is for the applicant to make a representation to the attorney-general to reconsider all the charges.

“The inherent powers sought to strike out or to acquit and discharge the applicant is strictly not a procedural matter.

“Having considered all six grounds raised by the applicant, I am not inclined to exercise the inherent powers to allow the applicant application to set aside and strike out the charges or to acquit and discharge the application or to have the charges against him stayed or suspended forever,” he added.

- Bernama