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Kuala Lumpur: Two senior executives of Aker Engineering Malaysia have been acquitted of charges of fraud and using false documents by the High Court here.
In his ruling yesterday, High Court Judge Muhammad Jameel Hussein found the allegations against Aker Engineering Malaysia Senior Vice President Ahmad Hatta Kamruzzaman and Director Mohd Yusuf Ab Rahman to be baseless and faulty.
Ahmed Hatta was charged with cheating by making false representations relating to the company’s ownership status, while Mohd Yusuf was charged with using a false document to obtain a renewal license from an oil and gas company.
In the case of Ahmed Hatta, who was accused of misleading the registrar of companies, Justice Muhammad Jameel observed that he was accused of an offense which was not punishable by law. “The court finds that Ahmad Hatta’s premise (in his application) that the Companies Commission of Malaysia (SSM) was never misled is with merit.
“His application for quashing of the charge is accepted,” it added.
On the charge against Mohd Yusuf, Justice Mohd Jamil noted that he was charged under Section 471 of the Penal Code on the basis of actions taken by another person, Wan Sut Yin.
The judge said that the provision does not allow a person to be imputed for the actions of another person.
Malaysian Anti-Corruption Commission (MACC) Deputy Public Prosecutor Law Chin How appeared for the prosecution, while lawyer Amer Hamzah Arshad represented both applicants.
Following the proceedings in the High Court, both the prosecution and the defense informed the two sessions courts that presided over the hearing of the verdicts of Ahmed Hatta and Mohd Yusuf.
Sessions Court judges Azura Alvi and Rozeena Ayyob recorded the order passed by the High Court. He also ordered the return of Ahmad Hatta and Mohd Yusuf to surety of RM10,000 each.
On June 11 last year, Ahmad Hatta claimed a hearing on charges of submitting documents with intent to defraud a local oil and gas company so that Siarikat Aker Engineering Malaysia could be listed as a company with bumiputra status .
As per the chargesheet, he allegedly cheated by concealing the ownership status of the company, whereby its real beneficiary was Aker Solutions Group.
Ahmed Hatta, 50, was charged with an offense under Section 417 of the Penal Code in Kuala Lumpur on August 7, 2018, and could face up to five years in prison or a fine, or both, if convicted.
On 26 January, Mohd Yusuf claimed trial on charges of forging a document titled Annual Return of a company with shares Capital Aker Engineering Malaysia Sdn Bhd 2017.
He was charged under section 471 of the Penal Code and could face a maximum jail term of two years or a fine, or both, if found guilty.
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