Attorney-general Mohamed Apandi Ali said today that he decided to withdraw charges against National Feedlot Corporation Sdn Bhd (NFC) executive chairperson Mohamad Salleh Ismail because there was not enough evidence.

"I follow the practice of my former boss (former attorney-general) Abu Talib Othman.

"If only there is more than 90 percent evidence, then we'll charge," Apandi said when met by reporters after he attended the launching of the book Criminal Litigation Process: Third Edition in Kuala Lumpur.

Asked if that was the reason why he decided to withdraw the charges against Salleh, Apandi, who used to be a deputy public prosecutor (DPP), said 'yes'.

He added that they usually review cases if the lawyers submit a representation and if the representation was justified, they would accede to it. Salleh's lawyers had submitted a representation on Nov 4.

The four charges against Salleh under Section 254 of the Criminal Procedure Code for misappropriating NFC funds were withdrawn on Nov 24.

On March 12, 2012, Mohamad Salleh, 66, who is also NFC director, claimed trial to misappropriating RM9,758,140 through four NFC cheques to fund part of the purchase of two condominiums at the One Menerung complex in Kuala Lumpur.

Mohamad Salleh was accused of committing the offences at the CIMB Islamic Bank Bhd branch at Jalan Burhanuddin Helmi, Taman Tun Dr Ismail, between Dec 1 and Dec 4, 2009.

He also claimed trial to transferring RM40 million through an NFC cheque into the account of the National Meat & Livestock Corporation Sdn Bhd, a company which he and one of his children owned, between May 6 and Nov 16, 2009.

He further pleaded not guilty to two counts of using company funds without obtaining prior approval at NFC’s annual general meeting, to fund part of the purchase of the condominiums.