KUALA LUMPUR – The high court today struck out former navy commander Tan Sri Ahmad Ramli Mohd Nor’s application to dismiss his criminal breach of trust (CBT) charges related to the Royal Malaysian Navy (RMN) littoral combat ship (LCS) project.
Judge Datuk Azhar Abdul Hamid, delivering his verdict this morning, said that the accused’s claims of dementia should first be investigated by the sessions court before filing any application to the high court.
He has therefore remitted the case to the sessions court for an assessment of Ramli’s mental fitness, which will be heard before sessions court judge Suzanna Hussain on July 30.
Ramli’s application was filed by his daughter Rinnie Nor Ahmad Ramli on April 23 this year, where she claimed her father had progressive neurodegenerative diseases that are consistent with moderate mixed dementia, which impairs his recent memory and attention span.
She claimed that Ramli’s condition was confirmed by a doctor from Universiti Teknologi M’s Al-Sultan Abdullah Hospital and also by another doctor from Universiti Malaya Specialist Centre.
In her supporting affidavit, Rinnie claimed that it would be unfair for the court to try her father, given that he would provide an inaccurate version of events, even though he believes his version is accurate.
“My father (Ramli) will not be able to concentrate during the proceedings or answer questions put to him, as he will have difficulty expressing relevant answers.
“He will not be able to remember events raised during proceedings nor testify consistently. He is also unable to give accurate and effective instructions to his lawyers.
“His neurological condition is progressive and will continue to worsen throughout the trial.
“I truly believe that it would be unfair if my father is tried, as it would amount to an abuse of the court process,” she said.
Meanwhile, the Malaysian Anti-Corruption Commission (MACC), in objecting to Ramli’s application, claimed that the medical findings filed by the accused’s daughter were conducted without following due process of law.
“We deny the findings and assert that the medical reports do not reflect the true state of the accused’s health. The trial judge did not have the opportunity to learn of the accused’s health condition, considering he has only appeared before the judge twice (since the case was charged in 2022).
“We therefore object to this application, as it is baseless, frivolous, vexatious, and an abuse of court process,” the MACC said in their rebuttal, which was filed by one of their officers on May 10.
Ramli was charged in 2022 while serving as the managing director of Boustead Naval Shipyard Sdn Bhd (BNS).
He was accused of CBT for approving a payment of RM13,541,140 to Syarikat Setaria Holding Ltd, with the payment directed to Standard Chartered Bank, 6 Battery Rd, Singapore 049909, without the BNS Board of Directors’ approval.
The offence was allegedly committed at BNS, 17th floor, Menara Boustead, 69 Jalan Raja Chulan, between July 26, 2010, and March 25, 2011.
Ramli faces a second CBT charge for allegedly approving a payment of RM1,360,716 to JSD Corporation’s account at the Overseas-Chinese Banking Corporation Ltd, located at 65 Chulia Street, OCBC Centre, Singapore, without the BNS Board of Directors’ approval, between April 19, 2011, and May 4, 2011.
Additionally, he was charged with a similar offence for approving a payment of RM6,182,295 to the account of Syarikat Sousmarin Armada Ltd at Standard Chartered Bank, 6 Battery Road, Singapore, without authorisation, between October 28, 2010, and November 22, 2010.
The three charges were framed under Section 409 of the Penal Code, which provides imprisonment for up to 20 years with whipping and is liable to a fine if found guilty. – July 26, 2024
