The Kuala Lumpur High Court today has acquitted businessman Shamsubahrin Ismail of five counts of cheating and money laundering involving the National Feedlot Corporation Sdn Bhd case.

Justice Azman Abdullah ruled that the convictions against Shamsubahrin could not stand because they were based on charges which were amended by the Sessions Court, at the close of the case for the prosecution, on the strength of facts agreed upon by the defence and prosecution at the commencement of the trial.

“This was prejudicial to Shamsubahrin. If he had been told that the agreed facts would form part of the charge, he would not have agreed to it. The conviction on the basis of those agreed facts could not, therefore, be sustained,” the High Court judge ruled.

“As such, the High Court is allowing the appeal and setting aside all the convictions and acquits and discharges the appellant (Shamsubahrin) on all the charges,” Justice Azman said.

It was reported that the Sessions Court had two years ago sentenced Shamsubahrin to eight years' jail and four strokes of the rotan, after being found guilty to five counts of cheating the National Feedlot Corporation Sdn Bhd chairperson, Mohamad Salleh Ismail.

He was also found guilty by the same lower court in 17 counts of money laundering.

Shamsubahrin was charged with five counts of cheating Salleh involving a total of RM1.755 million.

On the first count, Shamsubahrin allegedly misled Mohamad Salleh into believing that he was requested by former premier Dr Mahathir Mohamad to offer him consultancy and counseling services, for which the victim agreed to pay RM2.75 million.

Shamsubahrin was accused of committing the offence at Sid’s Pub at H2, Taman Tunku, Off Langkat Tunku in Kuala Lumpur at 6pm on Nov 20, 2011.

On the second to fifth counts, Shamsubahrin was accused of dishonestly telling Mohamad Salleh that he was asked by Mahathir to assist and provide consultancy services to him.

He allegedly committed the offences at bank branches in Taman Tun Dr Ismail, Kuala Lumpur City Centre and Petaling Jaya between Nov 25, 2011 and Dec 5, 2011.

The accused’s actions had allegedly induced Mohamad Salleh to hand over to him four cheques worth RM1.755 million for payment of part of the consultant and counseling services, and purportedly to pay police officers at the Commercial Crime CID at Bukit Perdana into closing a case being investigated by police involving the NFC.

Shamsubahrin also faced 17 charges of money laundering involving RM1.755 million.

Out of the amount of RM1.755 million, he spent some of the money to purchase three cars and the rest was spent by his wife to a total of RM1.149 million.

Lawyer Gobind Singh Deo appeared for Shamsubahrin.