A senior MACC enforcement officer pleaded not guilty today to misappropriation of RM25 million cash evidence linked to a major corruption case.

Shahrum Nizam Baharuddin, 40, was composed when he made the plea after the charge was read during open-court proceedings before the Kuala Lumpur Sessions Court this morning.

According to the charge, he was accused of committing a criminal breach of trust (CBT) involving US$6.94 million (RM25 million).

Shahrum was alleged to have committed the offence at Level 14, Block C, of the MACC headquarters in Putrajaya, between Dec 17, 2018, and April 9, 2019.

If found guilty, he faces a maximum penalty of 20 years in jail, whipping, and a fine under Section 409 of the Penal Code.

Trial judge Suzana Hussin denied bail to the accused and set mention of the case on Feb 18.

The prosecution today also informed the lower court that Shahrum will later also be hit with 101 fresh money laundering charges.

However, deputy public prosecutor Wan Shaharuddin Wan Ladin did not reveal when the fresh charges would be levelled against the accused.

It was reported yesterday that he would be charged today in relation to the purported theft of cash evidence linked to a major graft case.

Missing cash probe

In September last year, it was reported that three MACC officers were detained by the commission as part of a probe into alleged misuse of power and misconduct in a case involving a "former department head".

The missing cash was seized by the MACC in 2018 during its investigation against former Malaysian External Intelligence Organisation (MEIO) director-general Hasanah Abdul Hamid.

Hasanah was in 2018 charged with CBT involving RM50.4 million belonging to the government.

MACC seized cash and other belongings from her in relation to the investigation. In April last year, however, she was granted a discharge not amounting to an acquittal by the court.

Following this, she went to MACC to reclaim the seized cash and found RM25 million missing.

In the same month (September) last year, the MACC announced it had concluded the investigation into the missing RM25 million and handed the investigation paper (IP) to the Attorney-General's Chambers for further action.

Deny bail

Earlier, during today’s proceedings, Wan Shaharuddin urged the court to deny bail to Shahrum, due to the seriousness of the case.

The prosecutor said this is because the offence involves a large amount of US$6.94 million which was allegedly committed by an agency enforcement officer.

Wan Shaharuddin told the court that the gravity of the case can be seen by the extensive media coverage of the matter both in Malaysia and internationally.

The DPP also reminded the court that Shahrum is currently undergoing two-year detention under the Dangerous Drugs (Special Preventive Measures) Act.

Defence counsel K Ponnusamy (right)

Under the act, the authorities may apply for such preventive detention for any person allegedly associated with drug-related activities.

“Even if the court is inclined to grant bail, which we object, then we propose for bail be set at RM10 million with three local sureties,” the DPP said.

However, defence counsel K Ponnusamy (above, right) countered that not only does the court have the discretion to grant bail for the present non-bailable case, but that the proposed RM10 million bail is too excessive.

“RM10 million is quite excessive and would defeat the purpose of bail (to ensure the accused attends court proceedings).

“(For non-bailable offences), the court still has discretion under Section 388 (of the Criminal Procedure Code) to determine whether to grant bail,” the lawyer said.

Ponnusamy pleaded for bail to be granted as Shahrum, a married father of two, suffered from nose cancer and a slipped disc.

However, Suzana concurred with the prosecution’s application to deny bail to the accused.