Two ex-TH subsidiary execs charged with CBT, ex-COO's case postponed due to hospitalisation

Two former executives of THP Bina Sdn Bhd, a subsidiary of Tabung Haji, claimed trial to three criminal breach of trust charges involving RM72,000 at two separate Kuala Lumpur Sessions Courts this morning.

THP’s former deputy general manager of construction Tengku Kamarolhisham Tengku Kamaruddin claimed trial to the charges before judge Azura Alwi.

The company’s former safety and health officer, Nasahruddin Ahmad, claimed trial before judge Rosli Ahmad.

Separately, proceedings involving Tabung Haji’s former chief operating officer Adi Azuan Abdul Ghani have been postponed to Sept 24, as he is hospitalised at Universiti Malaya Medical Centre.

He was scheduled to face graft charges at the Shah Alam Sessions Court this morning.

What the charges say

According to the charge sheets, for cases in Kuala Lumpur, Nasahruddin allegedly committed CBT involving RM72,000 in penalty funds collected from Fourth Wave Sdn Bhd linked to a proposed office complex development project in Putrajaya.

He was accused of dishonestly misappropriating the funds by depositing them into his accounts in three tranches: RM22,400 between April 26 and Dec 17, 2013, RM25,600 between Feb 6 and Dec 2, 2014, and RM24,000 between Feb 16 and Aug 12, 2016.

Meanwhile, Kamarolhisham was accused of abetting Nasahruddin by instructing him to deposit the funds into the latter’s account during the same period.

The duo were alleged to have committed the offence at Putrajaya Islamic Complex.

Nasahruddin’s charges were framed under Section 409 of the Penal Code while Kamarolhisham’s charges were under Section 109 of the Code. The duo face two to 20 years’ jail time, caning, and a fine.

Deputy public prosecutor Irna Julieza Maaras, who prosecuted both cases, submitted to each court that the offence is non-bailable and suggested RM70,000 bail if the courts want to apply their discretion to grant bail.

She also suggested additional bail conditions for both accused to report to the MACC office once a month, surrender their passports to the court, and not disturb prosecution witnesses.

Minimal bail amount sought

Lawyer Naqib Aiman Faizal, who represented Nasahruddin and Kamarolhisham, sought a minimal bail amount for each of the accused.

Subsequently, Rosli set RM50,000 bail for Nasahruddin while Azura fixed RM45,000 bail for Kamarolhisham.

Both courts allowed the prosecution’s additional bail condition requests and fixed Oct 5 for case mention.

It was previously reported that THP sacked Kamarolhisham on March 6, 2020.

The sacking was due to an anonymous letter sent to the Tabung Haji chief operating officer, chief integrity officer, and the MACC.

The letter alleged misconduct and misappropriation, including accusations that fines meant to be deducted from the contractors’ progress payment claims were paid in cash to the company’s health, safety, and environment officers.

Kamarolhisham was subsequently sacked on March 6, 2020, after being suspended from Jan 24 to March 3 the same year.

However, in 2024, the Industrial Court ordered the company to pay Kamarolhisham RM578,000 in compensation after finding there was no just cause to dismiss him based on allegations in an anonymous letter.

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