Businessperson Shamsubahrin Ismail remains a free man following the withdrawal of the prosecution’s appeal against his acquittal and discharge on five counts of cheating National Feedlot Corporation Sdn Bhd (NFCorp) executive chairperson Mohamad Salleh Ismail, involving RM1.75 million, and 17 counts of money laundering.
Deputy public prosecutor Dhiya Syazwani Izyan Mohd Akhir informed a three-member panel of the Court of Appeal led by judge Kamardin Hashim that the prosecution had filed the notice of discontinuance of the appeal last March 18.
“We request to withdraw the appeal and for the appeal to be dismissed,” she said.
Judge Kamardin, sitting with judges Rodhzariah Bujang and Mohamad Zabidin Mohd Diah, then dismissed the appeal.
Shamsubahrin, represented by lawyer Haijan Omar, was in court today.
The prosecution had appealed against a decision handed by Kuala Lumpur High Court judge Azman Abdullah on July 5, 2017, in acquitting and discharging Shamsubahrin of all the charges after allowing his appeal against a Sessions Court’s decision.
On May 18, 2015, the Kuala Lumpur Sessions Court found Shamsubahrin guilty of all the charges and sentenced him to eight years jail and four strokes of the cane for cheating and imprisonment for between six months and five years for the money laundering charges.
He was also ordered to pay RM611,895.94 in penalty.
Shamsubahrin was charged on Dec 30, 2011, with five counts of cheating Mohamad Salleh involving RM1.75 million, and on June 18, 2012, he was charged with 17 counts of money laundering.
He was charged with cheating by promising consultancy and advisory services by stating that he had been asked by Prime Minister Dr Mahathir Mohamad to assist Mohamad Salleh and offered to provide consultancy services worth RM2.75 million, thus inducing Mohamad Salleh to agree to pay the fees to him.
Justice Azman, in acquitting and discharging Shamsubahrin, said that at the outset of the hearing, the prosecution and defence had submitted documents which denied that Mahathir had known Shamsubahrin.
“They also stated that Mahathir had never asked the appellant (Shamsubahrin) to assist Mohamad Salleh or NFCorp at any time. And, the amendment to the charge stating that the appellant was asked by Mahathir to assist Mohamad Salleh is incorrect,” he said.
As such, the issues raised in the appeal in that matter were prejudicial to the appellant, he said, adding that the court replaced the Sessions Court decision with an order for acquittal and discharge.