RCI TH: Former THP Bina Manager Charged with Breach of Trust Involving RM72,000 in Office Complex Development Project
KUALA LUMPUR: A former Safety and Health Manager of THP Bina Sdn Bhd was charged in the Sessions Court today with three counts of breach of trust involving money collected from penalties totalling RM72,000, related to a proposed office complex development project in Putrajaya.
Nasahruddin Ahmad, 56, pleaded not guilty after all three charges were read out one by one before Judge Rosli Ahmad.
THP Bina Sdn Bhd is a wholly-owned subsidiary of TH Properties Sdn Bhd (which is a subsidiary of Lembaga Tabung Haji), focusing on construction and project management.
Nasahruddin, as the company’s Safety and Health Manager who was entrusted with money collected as penalties from the contractor, Fourth Wave Sdn Bhd, totalling RM72,000, is alleged to have committed criminal breach of trust by depositing the money into his own account.
The penalty collection involved a proposed office complex development project in Precinct 3, Federal Territory of Putrajaya, on PT 12081: Block A – 10-storey office, Block B – nine-storey office, Auditorium and three-level basement car park; PT 12075: Block C – seven-storey office and two-level basement car park; PT 12074: Block D – nine-storey office and two-level basement car park for THP Bina Sdn Bhd.
He was alleged to have committed the offences at the Putrajaya Islamic Complex, Precinct 3, Putrajaya, between 26 April 2013 and 12 August 2015, under Section 409 of the Penal Code, which provides for a maximum imprisonment of 20 years, as well as whipping and a fine, if convicted.
Judge Rosli allowed Nasahruddin to be released on bail of RM50,000 with one surety for all three charges, with additional conditions that he must report to the Malaysian Anti-Corruption Commission (MACC) office in Putrajaya once a month, surrender his passport to the court until the case is concluded, and not interfere with prosecution witnesses.
The court set 5 October for case re-mention.
Earlier, Deputy Public Prosecutor Irna Julieza Maaras said that offences under Section 409 of the Penal Code are non-bailable offences, but the court has the discretion to grant bail.
“Should the court allow bail, the prosecution proposes a bail amount of RM70,000 for all three charges.
“The prosecution also proposes three additional conditions: the accused must report to the nearest MACC office every month, surrender his passport to the court until the case is concluded, and not interfere with or contact any witnesses who may be involved in the case,” she said.
Lawyer Muhammad Naqib Aiman Mohd Faizal, representing Nasahruddin, said the RM70,000 bail proposed by the prosecution was high, considering that his client, who runs a food stall with an income of about RM3,000 a month, supports four children aged between 21 and 26, and also suffers from high blood pressure and a slipped disc.
“My client was not arrested for this case; instead, he voluntarily went to the MACC office in Putrajaya and gave full cooperation to the agency, and had previously been granted bail of RM10,000.
“My client and his family reside in Bukit Tinggi, Klang, and are Malaysian citizens with no risk of absconding; however, the accused has no issue surrendering his passport to the court,” he said.
Additionally, Muhammad Naqib Aiman said he was informed that although the case involves Tabung Haji, it does not involve public funds, but rather private funds, specifically penalty money from the contractor.
“Therefore, based on the reasons given, I request that the minimum bail be granted to the accused,” he said.
Meanwhile, before Judge Azura Alwi, former Deputy General Manager of TH Properties Sdn Bhd, who was also a former Deputy General Manager of THP Bina Sdn Bhd, Tengku Kamarolhisham Tengku Kamaruddin, 55, pleaded not guilty to three charges of abetting the same offences at the same place and time.
According to the first to third charges, the man was accused of abetting by instructing Nasahruddin to deposit the RM72,000 into his (Nasahruddin’s) bank account.
All offences were charged under Section 109 of the Penal Code, read together with Section 409 of the same code.
Irna Julieza offered bail of RM70,000 with one surety for all three charges, along with the same additional conditions as requested in Nasahruddin’s case.
Muhammad Naqib Aiman, representing the accused, requested lower bail on the grounds that his client, who currently works as a trader, supports six children aged between 13 and 29.
Judge Azura allowed Tengku Kamarolhisham to be released on bail of RM45,000 with one surety, with the additional condition that his passport be surrendered to the court until the case is concluded, and that he is not allowed to interfere with prosecution witnesses.
The court set 5 October for case re-mention.
Previously, the MACC had obtained remand orders against 11 individuals to assist in investigations into the Royal Commission of Inquiry (RCI) report on Lembaga Tabung Haji (TH).
Among those remanded included a former TH chairman, a former chief executive officer (CEO), a former minister, as well as several senior management personnel and individuals linked to related companies.
BERNAMA